Laptop Battery The U.S. Environmental Protection Agency was wrong in denying California an exemption to federal regulations on the content of its gasoline, a federal appeals court ruled on Thursday.
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Thinkpad The amended Clear Air Act requires high-smog areas to use cleaner gasoline with at least two percent oxygen. Two years ago, the EPA rejected a request from California Gov. Gray Davis to waive that rule on grounds the ethanol additive to make cleaner gasoline would hurt the ozone.
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Microsoft On Thursday, the 9th Circuit Court of Appeals said the EPA had abused its discretion in not granting that waiver.
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Laptop Computers ``The EPA denied the waiver on the ground that California had not clearly demonstrated that a waiver would have a beneficial effect on ozone pollution, and ruled that it was unnecessary to consider the effect a waiver would have on particulate matter pollution,'' a three-judge panel ruled.
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Laptop Computer ``We conclude that the EPA abused its discretion in refusing to consider and weigh the effect of the proposed waiver on particulate matter pollution along with its effect on ozone levels.''
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Desktop Computer California, often a vanguard in nationwide environmental regulations, was the first state to start banning MTBE, or methyl tertiary butyl ether, one of the key ingredients used to add oxygen to gasoline. A dozen other states, including New York, Connecticut and Maine have since decided to phase out MTBE, which has been blamed for polluting ground water.
Notebooks The second major ingredient used to reach the two-percent oxygen level required under the Clean Air Act is grain-based ethanol. But California's Air Resources Board has found that using only ethanol to reach that threshold could interfere with maintaining ozone level requirements.
Lenovo In a June ruling, the 9th Circuit upheld California's ban on MTBE and rejected arguments the prohibition overstepped the boundaries set by the federal Clean Air Act.
Hard Drive The Davis v. EPA ruling on Thursday overturned the EPA's earlier dismissal of California's request for an exemption and asked the federal agency to reconsider the matter with full consideration of the impact on air quality and the ozone.
Travelstar Judge Diarmuid O'Scannlain issued a partial dissent to the ruling, saying the court was wrong to second guess the EPA in this instance.
Gateway ``The EPA rightfully surmised that Congress did not authorize waivers when the purported benefits were speculative and uncertain,'' he wrote.
Laptop Parts ``By forcing the EPA to engage in such a speculative enterprise in an area far beyond judicial expertise, I am afraid that our holding today has impermissibly encroached upon the agency's discretion.''
Software California is the largest gasoline market in the United States.
Hard Drives Reuters - 7/17/2003
Topic: Air Pollution
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