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States Rush in Where the Feds Fear to Tread
[FINAL Edition]
The Washington Post - Washington, D.C.
Subjects: Litigation; Federal state relations; Regulatory agencies
Author: Skrzycki, Cindy
Date: Sep 13, 2005
Start Page: D.01

[S. William Becker]'s group is working on a model rule to curb mercury emissions from power plants because it thinks the recently issued federal mercury rule is weak and takes too long to implement. It also developed a "menu" of alternatives that states can use to beef up changes the Environmental Protection Agency made to address how expanded industrial facilities must control their pollution. And it has a model rule -- which nine states have adopted -- for states to reduce truck diesel emissions.

"We need to protect our citizens and forests," said Peter Lehner, chief of the Environmental Protection Bureau for [Eliot L. Spitzer]'s office. Lehner said the federal government has not acted to adequately regulate interstate transport of pollutants, so Spitzer has sued six New York power plants and 22 out-of-state facilities.

"The Administration generally respects the Jeffersonian view that states should be given leeway to shape regulatory policies in ways that respond to state needs and preferences. However, we also respect the Hamiltonian view that, in some situations, a proliferation of conflicting state policies can frustrate national policy or interfere with interstate commerce and economic development," said [John Graham] in a statement.

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