http://www.planetark.org/dailynewsstory.cfm/newsid/15804/story.htm
Planet Ark :
US appeals court upholds EPA cut in diesel emissions

USA: May 6, 2002

WASHINGTON - A federal appeals court last week cleared the way for 
the U.S. Environmental Protection Agency to require diesel trucks and 
buses to cut emissions by 90 percent by 2007, rejecting an attempt by 
engine makers and fuel refiners to gut the rule.

The U.S. Court of Appeals handed environmentalists a major victory by 
rejecting arguments from giant diesel makers like Cummins Inc. and 
International Truck and Engine Corp. They complained the EPA acted 
"arbitrarily and capriciously" in its demand for engines to reduce 
emissions by over 90 percent by 2007.

"Cummins has not shown that the EPA acted arbitrarily or 
capriciously," the court wrote in its opinion, which dealt an 
across-the-board rejection to petitioners' complaints.

The EPA rules, unveiled in the waning days of the Clinton 
administration and later affirmed by the Bush administration, will 
force firms to produce cleaner-burning diesel engines, and compel 
refiners to make the fuel for them.

The new fuel will go into use in mid-2006, and auto makers are 
expected to begin rolling out new models next year to burn the new 
gasoline in 2004.

The EPA and Justice Department applauded the decision.

"The court's opinion ratifies EPA's conclusions that dramatic 
reductions in the emission of pollutants are technologically 
feasible," said Tom Sansonetti, a Justice Department assistant 
attorney general.

Green groups said the tough rule will help make the air cleaner for 
Americans who suffer from asthma and respiratory illnesses.

"These standards will dramatically clean up new trucks and buses that 
use diesel engines," said Frank O'Donnell at the Clean Air Trust.

"Hundreds of thousands of Americans will live longer and healthier 
lives as a result of these new truck and bus standards," said Emily 
Figdor at the U.S. Public Interest Research Group.

The standard requires diesel engines to cut particulates and nitrogen 
oxides by over 90 percent.

The EPA has estimated the rule could prevent 8,300 premature deaths 
annually, thousands of cases of bronchitis and other respiratory 
ailments, and cost about $4 billion a year to implement.

The Alliance of Automobile Manufacturers, a group of 13 firms 
including Ford Motor Co, General Motors and DaimlerChrysler, said the 
ruling could open the door for them to sell cleaner, diesel-powered 
light-duty cars.

"The availability of clean diesel fuel is a critical step toward 
clean diesel technology," said Julie Becker, a lawyer for the group.

The National Petroleum Refiners' Association, part of the lawsuit 
against the rules, said it objected to EPA's deadlines.

"This case has never been about whether the sulfur content of highway 
diesel fuel will be substantially reduced; it will be," said Bob 
Slaughter, president of the refiners group. "This case was about 
whether sulfur reductions should occur in a reasonable timeframe."

Slaughter said it was too early to say if the refiners group would 
appeal the new ruling.

Still unsettled is a portion of the case dealing with remote sensing 
devices the EPA wants engine makers to install to measure emissions - 
the so-called "not-to-exceed" provision of EPA's rule.

Story by Chris Baltimore

REUTERS NEWS SERVICE


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