THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, January 22, 1997 TAG: 9701220428
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: THE ASSOCIATED PRESS
DATELINE: WASHINGTON LENGTH: 33 lines
Virginia on Tuesday lost a Supreme Court challenge to a federal law that denies highway construction money to states that fail to adopt approved pollution control plans for power plants and factories.
Gov. George Allen promised to bring the state in line with federal guidelines, but said the legal battle still served a purpose for Virginians. ``I do think it is important to probe the limits of our freedom as Virginians,'' an Allen statement said. It added that the Department of Environmental Quality will immediately implement the federal program.
Environmental groups, meanwhile, heralded the high court's decision, which means citizens can now sue the state over air and water pollution permits. Previously, only polluters were allowed to sue the state.
``It's a landmark decision for all Virginians,'' said Kurt Erickson, executive director of the American Lung Association of Northern Virginia. The court turned down the state's argument that the federal Clean Air Act violates states' rights by forcing them to enforce a federal regulatory program.
The 27-year-old Clean Air Act was amended in 1990 to create a permit program to control pollution from stationary sources, such as factories and power plants.
Under the law, states can develop permit programs to be approved by the Environmental Protection Agency under federal standards.
If a state doesn't meet the deadline to enact an approved plan, federal officials can withhold highway funds from areas of the state that do not meet pollution standards.