Ozone: You Probably Saw This Coming

By May 27, 2008Energy

From Congress Daily:

Environmental groups, industries, and possibly states today are filing their intent to sue EPA in federal court over the agency’s regulation limiting smog. Five groups represented by Earthjustice — including the American Lung Association, the Natural Resources Defense Council and the National Parks Conservation Association — will argue that EPA violated the Clean Air Act by not following the advice of their scientific advisers to issue a tougher standard. They will contend that the White House illegally intervened and allowed politics to trump the science. “The president personally engaged in an unprecedented level of intervention and interference,” NRDC’s John Walke said today. Today is the deadline for filing intent to sue.

The National Association of Manufacturers and other industry groups will counter that EPA issued a standard that is too costly to businesses, and that the agency did not objectively consider the science in deciding to replace a less-stringent requirement. “We believe that EPA cherry-picked the science to stack the deck, leading to the decision to a stricter standard,” said NAM’s Bryan Brendle. NAM officials declined to indicate who would join them in legal and administrative challenges to EPA’s March 13 rule until their notice of intent to sue the agency is filed today. “We’re a group with a bunch of people in it,” one NAM spokesman said. The Edison Electric Institute, which represents major electric utilities, and at least 14 governors are among those who have sided with NAM’s argument. Environmental groups will likely be seconded by governors from at least several Northeast states.

Supporters of even harsher, more jobs-killing regulation are contending that questions of immense importance to the American people, economy and manufacturers should be decided by some GS-14s* in the EPA, and don’t you dare question them.

More from the AP.

* And we say this as a former GS-14.

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