It’s been widely reported for the past day or two that the Environmental Protection Agency (EPA has issued new, more protective regulations governing the emissions of soot from refineries and other large, industrial emitters. This action is the product of intensive litigation by the American Lung Association, several environmental NGOs, and 11 states, which produced this court order.

Industrial and lobbying groups are expected to fight the proposed rule and Republicans are expected to use the proposed rule as campaign fodder.

In order to obtain this court order, the plaintiffs had to show that the EPA’s interpretation of the Clean Air Act was not only wrong, but not even based on a permissible interpretation of the Clean Air Act. It is unfortunate the the Obama Administration may draw more criticism for being forced to pass this rule than they have for refusing to pass this rule to the detriment of public health and without lawful basis.

Randolph Brickey

Randolph Brickey is an attorney in solo practice in Northern Virginia.