What Appears to Big Win For Environmentalists in New York II is Not Likely to Have Any Real Impact on

Environmental Issues

By Keely Rankin

Abstract:

In New York v. EPA, the D.C. Circuit Court evaluated the process by which electrical companies can make modifications to their plants without implementing pollution controls.  In 2002, the EPA implemented new regulations that allowed for electrical companies to update their facilities without installing pollution controls so long as the total cost of the modifications did not exceed 20 percent of the cost of the entire plant.  The Court held that the 20 percent cutoff violated the plain language of the Clean Air Act.  The holding was significant because 20 percent exclusions would exempt the majority of plant modifications from pollution control.  However, in light of the current administration and other cases before the Supreme Court the holding may be less than significant from an environmental standpoint.