Virulent E-Coli strain lives in grain-fed cattle.

Where for the n’th time, you get to use “EPA”, and “scales back rules” in one sentence.

E.P.A. Scaled Back Rules on Wetlands – New York Times

After a concerted lobbying effort by property developers, mine owners and farm groups, the Bush administration scaled back proposed guidelines for enforcing a key Supreme Court ruling governing protected wetlands and streams. The administration last fall prepared broad new rules for interpreting the decision, handed down by a divided Supreme Court in June 2006, that could have brought thousands of small streams and wetlands under the protection of the Clean Water Act of 1972. The draft guidelines, for example, would allow the government to protect marsh lands and temporary ponds that form during heavy rains if they could potentially affect water quality in a nearby navigable waterway. But just before the new guidelines were to be issued last September, they were pulled back in the face of objections from lobbyists and lawyers for groups concerned that the rules could lead to federal protection of isolated and insignificant swamps, potholes and ditches.

This is the consequence of a tortured Supreme Court ruling from June of last year where Justice Kennedy could not make up his mind on what was a wetland and what was not, so he helped hand down a very confusing verdict open to all kinds of interpretation. At that time, here’s what I said…

This will make things confusing for a while, and you all know who confusion favors!

Well, I told ya!

This is the NY Times headline, not mine!

Judges Overturn Bush Bid to Ease Pollution Rules – New York Times

But on Friday, the court said the agency went too far in 2003 when it issued a separate new rule that opponents said would exempt most equipment changes from environmental reviews — even changes that would result in higher emissions.

With a wry footnote to Lewis Carroll’s “Through the Looking Glass,” the court said that “only in a Humpty-Dumpty world” could the law be read otherwise.

“We decline such a world view,” said their unanimous decision, written by Judge Judith W. Rogers, an appointee of President Bill Clinton. Judges David Tatel, another Clinton appointee, and Janice Rogers Brown, a recent Bush appointee, joined her.

The winners this time —more than a dozen states, including New York and California and a large group of environmental organizations — hailed the decision as one of their most important gains in years of litigation, regulation and legal challenges under the Clean Air Act.

The provision of the law at issue, the “new source review” section, governs the permits required at more than 1,300 coal-fueled power plants around the country and 17,000 factories, refineries and chemical plants that spew millions of tons of pollution into the air each year.

The proposed rule would have allowed powerplants to avoid putting new controls in as long as the cost of equipment did not exceed 20% of the replacement cost of the plant. Fuzzy math, anyone! This would have let to major incentives to not build new plants using cleaner technology, but keep the “grandfathers” running. A lot of the old plants were exempted from some of the strict controls by being grandfathered into the act. Well, call me cruel, but grandfathers eventually die! I thought of this proposed rule as the “Bionic Grandpa” provision! Glad that the courts did not like it.

Well, looks like old fashioned regulation actually stands up to Cost Benefit analysis. The problem is that the costs are to Industry, a well organized bunch of folks with lobbies, scientists, and such, and the benefits are primarily to the general population, well, they get a choice every few years!

Chemical & Engineering News: Latest News – Budget Office Reports On Regulations:

Budget Office Reports On Regulations EPA air pollution rule helps boost overall societal benefits of federal actions Cheryl Hogue A 2005 air pollution rule is a major reason why benefits from federal regulations continue to outpace costs, says a draft White House Office of Management & Budget report released on April 13. Federal regulations issued between 1996 and 2005 generate total annual benefits estimated to be between $94 billion and $449 billion, the OMB report says. Costs of those rules, which range from health and education standards to transportation and labor regulations, are estimated to be between $37 billion and $44 billion yearly, the draft report says. The document is the 2006 installment of an analysis that OMB by law must prepare each year for Congress. The ratio of benefits to costs is higher for the 1996–2005 decade than it was between 1995 and 2004 primarily because of a single rule reducing air pollution from power plants, the draft report says. That EPA regulation requires 28 eastern states and the District of Columbia to control sulfur dioxide and nitrogen oxide, two key pollutants released by coal-fired power plants. According to the draft report, that rule will generate from $50 billion to $60 billion a year worth of health benefits by reducing public exposure to fine particulate matter. This rule will cost about $1.8 billion annually to implement. Most of the costs and benefits of federal regulation are due to EPA rules, the draft report adds. During the 1996–2005 decade, the annual benefits of the agency’s rules are calculated to be between $59 billion and $394 billion, while estimated costs ranged from $24 billion to $26 billion. The draft report is available at www.whitehouse.gov/omb/inforeg/reports/2006_draft_cost_benefit_report.pdf. Chemical & Engineering News ISSN 0009-2347 Copyright © 2006 American Chemical Society