Appeals
Court Upholds EPA Plan for N.C, Other States to
Cut Air Pollution
The U.S. Court of Appeals for the
D.C. Circuit has upheld an EPA order that will
force North Carolina and 18 other states to
reduce emissions from power plants and other
sources by significant levels. The EPA in 1998,
as part of the revisions to the Clean Air Act,
directed North Carolina and the other mostly
southeastern and midwestern states to cut their
emissions of nitrogen oxide because government
officials said the emissions are being blown by
winds to states in the Northeast and causing air
pollution there. In North Carolina's case, the
EPA order required a 29 percent reduction in
emissions by 2003. The only practical way to
achieve that level of reduction was to order a 70
percent reduction in emissions from coal-fired
power plants in North Carolina, a move state
officials opposed. Duke Power has said it would
cost from $100 million to $600 million to meet
the EPA requirements, depending on the final
requirements that are implemented. The company
voluntarily offered to cut emissions by 40
percent at a cost of about $100 million. The
states involved are Alabama, Connecticut,
Delaware, Illinois, Indiana, Kentucky,
Massachusetts, Michigan, North Carolina, New
Jersey, New York, Ohio, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Virginia and
West Virginia. The court is reviewing whether
three other states--Georgia, Missouri and
Wisconsin--should be included under the
regulations, too.
Delegation Splits on Tougher Air Quality
Regulations
It's a close call whether the U.S.
Senate will follow the lead of the House to block
the EPA's enforcement of tougher air quality
standards. Watching closely are a host of cities
and counties around the nation, including many in
North Carolina, that stand to lose federal funds
because they would be deemed to be in
non-attainment of the new standards. The House
voted 226-199 last Wednesday to block the EPA's
new standards on allowable levels of ozone, a key
component of smog. The revised air standards
limit ozone to 0.08 parts per million, instead of
the 0.12 parts per million under the current
requirement. The EPA regulation also requires
states, for the first time, to regulate
microscopic particulates, or soot, from power
plants, cars and other sources down to 2.5
microns, or 28 times smaller than the width of a
human hair. In the vote, North Carolina's seven
Republican members of Congress voted for the
amendment blocking the new air quality
regulations as well as Democrat Mike McIntyre.
Voting against the amendment were Democrats Eva
Clayton, David Price, Bobby Etheridge and Mel
Watt.
Supreme Court Again Will Review 12th
District Boundaries
The U.S. Supreme Court said Monday that
it will decide the constitutionality of North
Carolina's 12th Congressional District, becoming
the fourth time in seven years that the shape of
the 12th District has been before the court. The
decision will allow this fall's congressional
elections to proceed as scheduled. The Supreme
Court issued a stay earlier this year allowing
the state's revised redistricting plan to be used
for the May 2 primary elections. The stay came
after a three-judge federal court ruled in March
that race was the "predominant factor"
in drawing the 12th District. Attorney General
Mike Easley and legislative leaders said they
hoped the high court's decision will provide some
guidance to the General Assembly when it takes up
the task next year of redrawing all 12 of the
states's congressional districts as a result of
the census.
FEMA Rejects Request for Aid After Triad
Storms
The Federal Emergency Management
Agency rejected a state request for help in
cleaning up from a May 25 storm that hit Guilford
and Alamance counties. The state asked for $2.77
million to help Triad cities pay for removing
debris from the storm, which knocked out
electrical power to 147,000 customers and leading
to at least two deaths. In a letter to Gov. Jim
Hunt, FEMA Director James Lee Witt said a review
indicates the cost "is well within the
combined capabilities of the state of North
Carolina and the affected local
governments."
High Court Orders Government to Repay Oil
Companies for N.C. Offshore Drilling Rights
In an 8-1 decision, the U.S. Supreme
Court said Monday that the federal government
must repay Mobil and Marathon for reneging on a
$158 million agreement allowing the companies to
explore for oil and natural gas off the North
Carolina coast. The court said Mobil and Marathon
were entitled to full reimbursement because the
exploratory leases they purchased in 1981 were
essentially voided by the Outer Banks Protection
Act passed by Congress in 1990.
Chamber Sues Labor Department Over Paid
Leave for Births, Adoptions
The U.S. Chamber of Commerce sued the
Labor Department on Monday, seeking the repeal of
new regulations allowing states to offer paid
leave to new parents using unemployment benefit
dollars. As we reported last week, new federal
regulations, ordered by President Clinton and
written by the Labor Department earlier this
month, would allow states to offer unemployment
benefits to parents of newborn or newly adopted
children who choose to take up to 12 weeks of
leave guaranteed under the 1993 Family and
Medical Leave Act. States that want to provide
the paid leave would have to pass their own laws
to do so. None has yet, but legislators in a
number of states are considering the idea. The
national chamber asked the U.S. District Court
for the District of Columbia to grant an
injunction blocking any state program enacted
during judicial proceedings. The chamber is
challenging the new regulations on grounds that
they violate federal laws, including one
reserving unemployment benefits for those who are
actively looking for, but cannot find work.
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