"A federal appeals court today struck down a Bush administration rule for controlling industrial emissions that form smog.
The rule had allowed power plants and factories to avoid installing the most recent controls for smog-forming chemicals like oxides of nitrogen. Instead, excessive pollution from one factory was permissible if the factory participated in a regional cap-and-trade program and bought pollution credits to cover their excess emissions.
The three-judge panel of the Court of Appeals for the District of Columbia ruled that the rule 'is inconsistent with the Clean Air Act.'"
Felicity Barringer reports for the New York Times July 10, 2009.