Environmentalists Pursue Novel Argument Against EPA Air Toxics Rule

Environmentalists are making a novel argument in a legal challenge to EPA's landmark air toxics rule for industrial boilers, suggesting that the agency's decision to create exemptions that limit public health benefits may be unlawful. The environmentalists say the Bush administration's pursuit of regulatory proposals with lower cost-benefit ratios than more protective options is arbitrary and should be reversed under the Administrative Procedure Act. "At best, EPA's decision to authorize such exemptions despite its own data concerning the inevitable damage...