Editorial: Pleasant surprises from court

Friday, April 6, 2007 | 7:15 a.m.

It was shockingly refreshing to see the U.S. Supreme Court on Monday issue two rulings favoring environmentalists. Shocking because the rulings came from a court many legal observers consider to be staunchly conservative. And refreshing because it is always an uphill battle to achieve clean air and water, even though this society possesses the know-how to combat pollution.

The first ruling, which chastised the Environmental Protection Agency for failing to regulate the greenhouse gas emissions that scientists say contribute to global warming, was already applauded on these pages and is receiving plenty of media attention. That 5-4 decision overshadowed a second, unanimous court ruling against a powerful East Coast utility in a dispute involving pollution controls for antiquated coal-fired power plants. Interestingly, the second ruling, in siding with environmentalists, favored the EPA.

Duke Energy Corp. made 29 modifications without permits to its power plants in North and South Carolina from 1988 to 2000 before it was sued by the EPA. The federal agency demanded that Duke install better controls to prevent annual increases in industrial pollutants that contribute to acid rain and smog.

The company, arguing that the agency misinterpreted the federal Clean Air Act, claimed the added controls weren't required as long as emissions did not exceed a certain hourly rate. But groups such as Environmental Defense and the Sierra Club sided with the EPA's common-sense argument that the modifications allowed the power plants to operate for more hours, thereby increasing their harmful emissions.

Although Duke won lower court rulings, the Supreme Court remanded the case to the 4th U.S. Circuit Court of Appeals in Virginia for further proceedings, saying the appellate court erred by invalidating EPA regulations in a way that benefited the utility. Because several other lawsuits are pending over similar power plant disputes in the South and Midwest, we hope the 4th Circuit will force Duke to be a responsible utility and add the pollution controls the EPA says are needed.