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Clearing the Air: High Court Rejects Industry Challenge to Clean Air Act

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LOU WATERS, CNN ANCHOR: The U.S. Supreme Court today cleared the air over the federal government's authority to clear the air.

CNN's Jeanne Meserve joins us now from our Washington newsroom with more about that -- hello, Jeanne.

JEANNE MESERVE, CNN CORRESPONDENT: Hi, Lou.

The case in question considered one of the most significant environmental cases in years: And this time, the U.S. Supreme Court ruled unanimously in favor of the environmentalists.

Charles Bierbauer is at the court with the details -- Charles.

CHARLES BIERBAUER, CNN CORRESPONDENT: The case, Jeanne, pitted the Environmental Protection Agency against the American Trucking Associations and other business interests. And it's a big win for the EPA because the court ruled unanimously that Congress properly delegated authority through the agency to determine the emission limits for ozone and particulate matter.

And it also said, in contradiction to the truckers' claim, that the EPA did not have to take cost of compliance into consideration when it set those elements, that its job was to protect the public health with an adequate margin of safety.

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(voice-over): Heavy-duty diesel trucks were a primary target in 1997, when the Environmental Protection Agency tightened emission limits under the Clean Air Act.

CAROL BROWNER, FMR. EPA ADMINISTRATOR: EPA strengthened two of the most important air-pollution standards for the people in this country. One was for ozone or smog. And the other is for fine particle or soot.

BIERBAUER: The American Trucking Associations and the U.S. Chamber of Commerce protested. And a federal court ruled Congress has delegated too much authority to the EPA.

The EPA appealed to the Supreme Court. BROWNING: If the court were to find that Congress cannot direct an agency to do the work that we do each and every day, that I think would certainly call into question the work of many other public health and safety agencies.

BIERBAUER: But the Trucking Associations countered, asking the court at least to compel the EPA to use a cost-benefit analysis to set air standards. Otherwise, truckers say, compliance will cost Americans $60 billion a year.

ED WARREN, ATTY., AMER. TRUCKING ASSN.: OSHA, the National Highway Traffic Safety Administration, the FDA, they are looking at costs and benefits. And they're looking at costs and benefits for a good reason, because that's how you maximize public health protection.

BIERBAUER: The EPA says it considers what is cost effective to comply with pollution standards, but is precluded from considering cost in setting the standard.

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BIERBAUER: There was one setback for the EPA, though. The justices found that the EPA's schedule for compliance with the ozone limits was unlawful. In Justice Scalia's word, it made no sense. They will have to revise that. But they are also required to revise and review their limits every five years anyhow -- Jeanne.

MESERVE: Charles, one of the issues here: the cost of compliance. What are those costs?

BIERBAUER: Well, the truckers, the business side say it's up to $60 billion. But what Justice Steven Breyer, in a concurring opinion, pointed to: what he called "technology forcing," the notion that what the technology allows today may not be what it is capable of doing in the future. He cited, actually, Senator Ed Muskie, who wrote this legislation more than 30 years ago as saying: "Industries will be asked to do what seems to be impossible at the present time, but may not be later on" -- Jeanne.

MESERVE: Charles Bierbauer at the court, thank you.

No reaction yet from the EPA, from the American Trucking Associations, the National Association of Manufacturers or the U.S. Chamber of Commerce, all key players in this.

Lou, I guess you can breathe a little easier.

WATERS: Yes. Thanks, Jeanne.

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