*** BREAKING NEWS *** BREAKING NEWS *** BREAKING NEWS ***
 
Dear PHYLLIS,
 
Twas two days before Christmas
and all through the country
Americans are celebrating
our right to breathe freely
 
Okay, I got a little carried away in the holiday cheer, but we
have won a big victory for clean air today and I want to make
sure you heard the news.
 
Earlier today, a federal appeals court in Washington temporarily
reinstated a plan to reduce air pollution from coal-fired power
plants.
 
Below is our press release celebrating this decision. And you
can read today's article in the New York Times, which quotes
EDF's Deputy General Counsel Vickie Patton:
http://action.edf.org/ct/B11g1sY1NXCZ/
 
Needless to say, this is a big win for clean air in America. The
EPA has estimated the rule would prevent 17,000 deaths annually
by 2015.
 
As we celebrate the holidays this week, I hope today's news
gives us even more for which to be thankful.
 
Thank you for your support. Together, we are making great
progress to human protect lives and defend the planet.
 
Happy holidays,
Sam Parry
Director, Online Membership and Activism
 
https://donate.edf.org/01/jax09aa001/nx71g1sYqcs81?
 
Our Press Statement:
 
Court Reinstates Clean Air Interstate Rule
 
In a major decision benefiting clean air and public health, the
U.S. Court of Appeals for the D.C. Circuit today issued an order
that leaves the Clean Air Interstate Rule in effect while the
U.S. Environmental Protection Agency develops a new clean air
program for power plants.
 
"Today's court decision is a welcome gift for the millions of
American's that face serious health threats from power plant
pollution. Power plants across the East will reduce millions of
tons of smog and soot pollution today while America's new
leadership fixes the mistakes made by the Bush Administration,"
said Vickie Patton, deputy general counsel at Environmental
Defense Fund.
 
Granting aspects of rehearing requests from the Environmental
Protection Agency, Environmental Defense Fund and Natural
Resources Defense Council, the court found that the rule is an
"integral action" and stated:
 
"Here, we are convinced that, notwithstanding the relative flaws
of CAIR, allowing CAIR to remain in effect until it is replaced
by a rule consistent with our opinion would at least temporarily
preserve the environmental values covered by CAIR."
 
Judge Judith Rogers wrote a separate concurrence stating that
CAIR is "so intertwined" with the nation's air quality
management regulatory framework that "its vacatur would
sacrifice clean benefits to public health and the environment
while EPA fixes the rule."
 
The timing of this decision is critical. January 1, 2009 is the
first important compliance deadline under EPA's Clean Air
Interstate Rule -- requiring substantial reductions in
year-round emissions of nitrogen oxides (NOx) to protect human
health from this damaging pollutant.
 
The U.S. Environmental Protection Agency, Environmental Defense
Fund, and numerous states asked the court to reconsider its July
11th opinion to vacate this clean air program.
 
The program was designed to reduce millions of tons of smog- and
particulate-forming pollution from coal-fired power plants in 28
eastern states.
 
EPA estimated the rule would prevent 17,000 deaths annually by
2015. The pollution cuts required by the Clean Air Interstate
Rule were to be implemented in two phases beginning on January
1, 2009 for NOx and 2010 for sulfur dioxide (SO2), and a second
phase in 2015 for both contaminants.
 
EPA estimated that NOx would be reduced 2 million tons annually
under full program implementation, about 60% over today's
levels.
 
The program was designed to cut SO2 emissions by 5.4 million
tons in 2015.
 
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