The Bush administration has agreed to reconsider a final rule issued in December that weakens air-pollution standards for factories, refineries, and power plants. The move comes in response to a legal challenge launched by nine northeastern states from Maine to Maryland, which charge that EPA violated the Clean Air Act in altering its New Source Review program. “I think the significance of this announcement is that the Justice Department looked at the case and realized they were very likely to lose in court because the rule changes are flatly illegal,” Frank O’Donnell of the Clean Air Trust told the Washington Post. “We think the rule changes would just illegally grant exemptions from the Clean Air Act that would allow industries to pollute more.” Nonetheless, EPA still seems strongly behind these revisions -- which it has refused to stay and remain in effect -- stating the reconsideration “does not mean that EPA has decided to change any aspect of the rule at this time.” Indeed, the action, which includes a 30-day public comment period and public hearing, appears to be an effort to strengthen the agency’s hand in court, allowing EPA to claim it fully considered a range of viewpoints. The northeastern states argue, among other things, that EPA acted capriciously in ignoring key information that pointed to an increase in emissions under the December revisions. They also have objected that certain parts of the final rule were not included in the agency’s proposal for public comment -- which did not allow for a response. EPA’s reconsideration seeks comment on these specific elements and not the entire rule.