The Justice Dept. has determined that Clean Air Act enforcement actions under the Environmental Protection Agency's "new source review" are legally reasonable. That means that Justice's pending lawsuits against several powerplants, refineries and other facilities as well as ongoing prosecutions and settlement talks will proceed.
The Justice Dept. review, begun in May 2001 after a recommendation by the Bush administration's National Energy Policy Development Group, makes no judgment about the underlying new source policy issues. That is up to EPA, a senior department official told reporters on Jan. 15. The Bush White House is widely expected to water down the controversial rules, which were adopted in 1977 as amendments to the clean air law. The regulations later were strengthened by the Clinton administration, which took enforcement actions against several utilities in 1999.