On March 2nd, in a split decision, the Court struck down the grandfathering regulations under the Clean Air Act, in EDF v. EPA. I requested that the Administration appeal the decision. They decided not to appeal, even though it was a split decision. In May, the court struck down the NAAQS decision, also by a split decision, and Carol Browner announced, before the ink was dry, that she was recommending an appeal. The biggest difference, in my opinion, was the plaintiff. In the NAAQS case the plantiffs were the States and industry, for conformity the plaintiff was an environmental group.
The Administration has now come out with new conformity guidance which creates uncertainty for the States, will jeopardize highway projects across the country, increase air pollution, and according to the Unions and Highway Builders will lead to thousands of people losing their jobs.
The court recommended that Congress address this issue and I am prepared to move forward with legislation. I expect to hear today from the Administration whether they will support legislation.
My colleague Senator Bond has introduced legislation which basically codifies the regulations which the court struck down. This was the Administration's position prior to the March 2nd court ruling. Does the Administration support this Bill?
I am announcing today that I will cosponsor the Bond Bill. I do think that both my Air Subcommittee and Senator Voinovich's Transportation Subcommittee should take a close look at the Bill to see if any changes should be made in the conformity process. I think this is something that we can do fairly quickly and I call on my colleagues and the Administration to join us in moving the Bill.