WASHINGTON (AP) — A federal appeals court has rejected a challenge to a
tough new clean air requirement limiting sulfur dioxide emissions.
The Environmental Protection Agency regulation is designed to protect people
with asthma from exposure to short-term bursts of sulfur dioxide. Several
corporations and industrial associations along with several states argued
the new level is lower than required by law to protect public health.
In a 3-0 decision, the court said the Clean Air Act gives EPA significant
discretion to revise air quality standards and that the EPA did not act
arbitrarily. The court said it cannot conclude that the new standard is
unreasonable or unsupported by the record in the case.
The opinion was by Judge David Sentelle, joined by Judges Brett Kavanaugh
and Douglas Ginsburg, all appointed by Republican presidents.