The arguments against sustaining our enforcement actions don't hold up to scrutiny.
Were the complaints filed by the U.S. government based on conflicting or changing interpretations? The Justice Department doesn't think so. Its review of our enforcement actions found EPA's interpretation of the law to be reasonable and consistent. While the Justice Department has gamely insisted it will continue to prosecute existing cases, the confusion over where EPA is going with New Source Review has made settlement almost impossible, and protracted litigation inevitable.
What about the energy crisis? It stubbornly refuses to materialize, as experts predict a glut of power plants in some areas of the U.S. In any case, our settlements are flexible enough to provide for cleaner air while protecting consumers from rate shock.
The relative costs and benefits? EPA's regulatory impact analyses, reviewed by OMB, quantify health and environmental benefits of $7,300 per ton of SO2 reduced at a cost of less than $1,000 per ton. These cases should be supported by anyone who thinks cost-benefit analysis is a serious tool for decision-making, not a political game.
Is the law too complicated to understand? Most of the projects our cases targeted involved big expansion projects that pushed emission increases many times over the limits allowed by law.
Were the complaints filed by the U.S. government based on conflicting or changing interpretations? The Justice Department doesn't think so. Its review of our enforcement actions found EPA's interpretation of the law to be reasonable and consistent. While the Justice Department has gamely insisted it will continue to prosecute existing cases, the confusion over where EPA is going with New Source Review has made settlement almost impossible, and protracted litigation inevitable.
What about the energy crisis? It stubbornly refuses to materialize, as experts predict a glut of power plants in some areas of the U.S. In any case, our settlements are flexible enough to provide for cleaner air while protecting consumers from rate shock.
The relative costs and benefits? EPA's regulatory impact analyses, reviewed by OMB, quantify health and environmental benefits of $7,300 per ton of SO2 reduced at a cost of less than $1,000 per ton. These cases should be supported by anyone who thinks cost-benefit analysis is a serious tool for decision-making, not a political game.
Is the law too complicated to understand? Most of the projects our cases targeted involved big expansion projects that pushed emission increases many times over the limits allowed by law.