Time: Wed Jul 02 05:06:17 1997
	by primenet.com (8.8.5/8.8.5) with ESMTP id FAA04365;
	Wed, 2 Jul 1997 05:05:32 -0700 (MST)
	by usr10.primenet.com (8.8.5/8.8.5) with SMTP id FAA25151;
	Wed, 2 Jul 1997 05:05:22 -0700 (MST)
Date: Wed, 02 Jul 1997 05:03:39 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: The EPA must be stopped! (fwd)

After all, they are cleaning your air,
so that gives them jurisdiction over you,

/s/ Paul Mitchell

>The Queen Of Clean Air
>EPA Chief Browner wore down everyone, right up to the
>President, in her battle for tougher rules
>By Michael D. Lemonick 
>(TIME, July 7) -- As a piece of understatement, the
>President's pronouncement last week was nothing
>short of a masterpiece: "I have approved some very
>strong new regulations today," he said, "that will be
>somewhat controversial." 
>Tell it to Carol Browner. When the Environmental Protection Agency chief 
>proposed a set of strict new clean-air rules back in November, she was 
>ambushed from just about every direction. Conservative legislators, 
>industry lobbyists and the editorial page of the Wall Street Journal 
>attacked Browner with unusual vehemence, declaring, that, among other 
>things, the rules were based on bad science and would subvert the 
>American way of life by banning barbecues and fireworks. 
>That was bad enough. But Browner was also blasted by some of her
>colleagues within the Administration, who accused her of relying on poor 
>data, showing indifference to the economy and--worst of all in a group 
>that prides itself on consensus building--being unwilling to modify her 
>position. Some White House aides even thought she should be fired for 
>But when the President announced the final version of the regulations 
>last week, it was clear that Browner had prevailed. Over the next 10 
>years, cities and states will be required to reduce ozone levels 
>one-third and will for the first time have to control microscopic soot 
>particles. Factories and power plants will have to clean up their 
>smokestacks; auto pollution will have to be reduced, either by getting 
>cars off the road or by switching to new technologies, such as electric 
>vehicles; and yes, some tiny percentage of homeowners may even be forced 
>to stop using their fireplaces or barbecue grills when the air is 
>especially bad. 
>The EPA is required by law to make regulatory decisions without regard 
>to the cost of implementing them, and Browner, in her typical up-front 
>fashion, acknowledged from the start that the cost of the new standards 
>will be high--up to $8.5 billion a year, according to agency estimates. 
>Yet the cleanup will, by her calculations, also save 15,000 lives, cut 
>hospital admissions for respiratory illness by 9,000 and reduce chronic 
>bronchitis cases by 60,000 each year. Surely that is worth a few 
>Maybe so, but friends and foes alike were quick to point out that her 
>figures are anything but solid. The original trigger for Browner's 
>proposal was a lawsuit brought by the American Lung Association. The 
>suit accused the EPA of ignoring new scientific evidence showing that 
>small particles in the air--bits of matter much tinier than the diameter 
>of a human hair--are especially harmful to health. A federal judge 
>ordered the agency to look at the evidence and, if the data warranted 
>it, come up with new regulations. 
>So the EPA reviewed 86 separate studies about the association between 
>soot and dust particles and human illness. The agency was already 
>thinking about tightening its rules on ozone, a noxious form of oxygen 
>produced in the burning of fossil fuels. (Another fossil-fuel combustion 
>by-product, carbon dioxide, is a greenhouse gas, responsible in large 
>part for the phenomenon of global warming.) It reviewed an additional 
>186 studies on ozone, making this, according to Browner, the most 
>extensive scientific review undertaken for any air standard the EPA has 
>The new rules, however, will not be issued in a vacuum. If they are 
>adopted as written, hundreds of counties across the nation--some of 
>which have worked hard to meet the old, looser standards--will suddenly 
>be in violation. This infuriates businesspeople who would be forced to 
>absorb the costs of any cleanup, and is why industry groups, including 
>the National Association of Manufacturers and the American Petroleum 
>Institute, carried out a major lobbying and advertising campaign to 
>force Browner to retreat. Big-city mayors joined forces with the 
>business lobby, fearing the new regulations would spur an exodus of 
>factories from urban areas to places with lower pollution. They too put 
>a lot of pressure on the White House. 
>Charges by Browner's opponents that bad science underlies the new rules 
>can't be dismissed casually. Despite those scores of studies, there is 
>still no smoking gun linking soot particles, in particular, to lung 
>disease. Cities that have lots of soot in the air do tend to have more 
>illness and deaths, but that merely shows an association; it doesn't 
>prove cause and effect. Nobody knows, moreover, by exactly what 
>mechanism particles might cause disease. Given the state of the science, 
>any analysis of pollution risk must be a judgment call. 
>How good is the EPA's judgment? Industry groups are not the only ones 
>saying it's questionable. The studies available today, says Robert 
>Phalen, director of the Air Pollution Health Effects Laboratory at the 
>University of California at Irvine and an occasional corporate 
>consultant, are just setting the groundwork for future research on 
>whether soot is harmful. "It could be a tragic mistake," says Phalen, 
>"to jump toward a regulation before you know what is going on." 
>Indeed, some scientists argue that restrictions on soot could, 
>paradoxically, cause more illness, not less. It may be the smallest of 
>the small particles that cause the most damage, according to Gunter 
>Oberdorster, a toxicologist at the University of Rochester. But these 
>ultrafine particles tend to be vacuumed up by their larger cousins. 
>Filter out the latter--which is easier to do--and the former would be 
>free to wreak even greater havoc. 
>Browner and her scientific advisers are aware of the uncertainties, and 
>don't pretend that their regulations are based on conclusive proof. 
>"There are gaps in the science," acknowledges Dr. Jonathan Samet, 
>chairman of epidemiology at the Johns Hopkins school of public health. 
>"But the science provides a warning." In any case, argues Browner, the 
>law demands that the EPA set standards that provide an "adequate margin 
>of safety." If public-health officials had waited to uncover precisely 
>how lead and tobacco smoke cause illness, thousands of people would have 
>died unnecessarily. 
>While Browner's tenacity kept Administration opponents from watering 
>down her original proposals significantly, victory wasn't assured until 
>after Vice President Gore concluded two weeks ago that the 
>Administration had no political alternative to backing her and Clinton 
>endorsed that view. Gore's public silence during the deliberations had 
>struck environmentalists as ominous: not only is the environment Gore's 
>personal portfolio, it's also an issue he's expected to flog during his 
>presidential bid. Beyond that, Gore has personal ties to Browner: she 
>worked on his Senate staff during the early 1980s, helping write some of 
>the environmental laws she now administers. 
>The President's decision to support Browner is a major victory for the 
>EPA chief, but the new regulations still face a challenge by Congress. 
>Many Republicans and some Democrats have vowed to pass a law overturning 
>them. Support for the EPA crosses party lines: Republican Senator 
>Alfonse D'Amato of New York announced last week that he'd fight any 
>attempt to weaken the rules. And even if Congress passes legislation to 
>overturn the rules, opponents would probably be unable to muster enough 
>votes to override a presidential veto. 
>--Reported by J.F.O. McAllister and Dick Thompson/Washington 
>The Terms Of Debate
>Browner says the new clean-air rules will... 
>--save as many as 15,000 lives each year --cut annual 
>respiratory-related hospital admissions by 9,000 --reduce the number of 
>chronic bronchitis cases by 60,000 a year 
>Her many critics counter that the rules... 
>--are based on flimsy scientific evidence --will force people to give up 
>fireworks and backyard barbecues --will cost industry billions of 
>dollars, might even make people sicker 
>Get Your *Web-Based* Free Email at http://www.hotmail.com
>-> Send "subscribe   snetnews " to majordomo@world.std.com
>->  Posted by: "Brian Mosely" <bmosely@hotmail.com>

Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email:   [address in tool bar]       : using Eudora Pro 3.0.2 on 586 CPU
website: http://www.supremelaw.com   : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
             Postal Zone 85719/tdc   : USPS delays first class  w/o this

As agents of the Most High, we came here to establish justice.  We shall
not leave, until our mission is accomplished and justice reigns eternal.
[This text formatted on-screen in Courier 11, non-proportional spacing.]


Return to Table of Contents for

Supreme Law School:   E-mail