Pollution Exemption Reversed

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In a 2 to 1 decision yesterday, the U.S. Court of Appeals for the District of Columbia Circuit struck down an exemption that for nearly 15 years has allowed refineries, chemical plants and other industrial facilities to exceed federal air pollution limits during certain periods of operation. Environmental groups hailed the ruling, which overturned a provision, enacted under President Bill Clinton, that permits industrial operations that are starting up, shutting down or malfunctioning to emit more toxins into the air than is normally allowed. The Environmental Protection Agency and an array of business groups argued that the exemption was essential, but the court determined that it was illegal. The ruling affects sources of air pollution across the country: Texas alone has 250 industrial sites, including oil refineries, chemical plants and petrochemical plants, that are affected....