May 19, 1999

House Agriculture Committee leaders say they approve of the U.S. Circuit Court of Appeals decision that the Environmental Protection Agency overstepped its legal and constitutional authority in regulating the Clean Air Act.

"The court's decision is an unmistakable reminder that the ultimate responsibility for environmental regulations belongs with Congress and not with unelected, unaccountable bureaucrats," said committee Chairman Larry Combest (R-TX). "It also made clear that when Congress delegates rule-making authority, agencies are not free to ignore both their legal mandates and sound science in pursuit of their own agendas."

In the decision, the court found that the EPA had "construed sections 108 and 109 of the Clean Air Act so loosely as to render them unconstitutional delegations of legislative power" and that EPA "appears to have articulated no intelligible principle" as to how it used scientific data in writing the regulations.

"In my view, the court spoke loud and clear by saying that EPA had been arbitrary and capricious," said Rep. Charles Stenholm (D-TX) the committee's ranking Democrat. "I believe this decision could have far reaching ramifications for all environmental regulation, and I am hopeful it will cause the EPA to base all of their decisions on sound science."

At issue in the court decision were regulations issued in July 1997 that imposed tough health standards for ozone and implemented regulation of soot. Hundreds of counties suddenly were in violation of federal air-quality standards.

The suit was brought by a broad coalition of industry groups. EPA is expected to appeal the decision.