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Browner Statement on Appeals Court Decision

Release Date: 11/01/1999
Contact Information:

(#99172) New York, New York -- Attached, for your information, is EPA's response to Friday's decision of the U.S. Court of Appeals for the District of Columbia on the new health-based clean air standards set by the Agency in July 1997.

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FOR RELEASE: FRIDAY, OCT. 29, 1999

In response to today's decision from the full U.S. Court of Appeals for the District of Columbia regarding EPA's clean air standards, EPA Administrator Carol M. Browner said, "EPA continues to stand by the need for stronger air quality and public health protections. While we're disappointed in today's decision, we are encouraged that five of the nine judges who actually reviewed the case agreed with EPA's argument that the Clean Air Act is constitutional and recognized the importance of the protections provided by our stricter air pollution standards. While the appeals process moves forward, we will continue to pursue all available options to secure cleaner air for the American people."

ISSUE BACKGROUND

Nine judges of the U.S. Court of Appeals for the District of Columbia Circuit reviewed the original appeals court decision and five agreed that the nation's clean air standards are constitutional. Because the Court has 11 active members - two of whom did not participate in today's decision the original court's extreme interpretation of the Constitution was left standing today. Given today's decision, EPA will recommend that the Justice Department seek a review before the Supreme Court. Five judges, a voting majority, rejected the original extreme opinion, with the dissent finding that "Not only did the panel depart from a half century of Supreme Court separation-of-powers jurisprudence, but in doing so, it stripped the Environmental Protection Agency of much of its ability to implement the Clean Air Act, this nation's primary means of protecting the safety of the air breathed by hundreds of millions of people." This opinion puts EPA in a very strong position for future legal action. We believe the soot and smog standards put in place almost two years ago ultimately will stand and deliver as promised protection of the health of 125 million Americans, including 35 million children.

For more information contact:

Mary Mears, Press Office
EPA Region 2
290 Broadway
NY, NY 10007-1866
Voice: 212-637-3669 FAX: 212-637-5046 E-Mail: [email protected]