The Bush administration plans to ease off of older coal-fired power plants that have violated clean air standards in favor of "incentives for voluntary reductions in toxic emissions," according to this article in the Washington Post.

Legislation that attempts to address federal preemption of state and local laws has started moving in both the House and Senate, and if enacted, could throw federal regulations into a sea of judicial muddle -- a concern raised by the Clinton Administration on Wednesday, 7/14, during a hearing in the Senate Governmental Affairs Committee. Not only does the legislation contain no limits on judicial review, its requirements are often extremely broad and vague, making prime targets for future court challenges. In the end, this could have the detrimental effect of undermining federal

1. It contains a burdensome requirement for cumulative cost-benefit analysis that has no practical utility for public policy. For the last three years, Congress has enacted appropriations riders requiring OMB to conduct a cumulative cost-benefit analysis, expressed in monetized figures, for all federal regulation.

Although the Federalism Act of 1999 (H.R. 2245) intends to clarify issues around federal preemption of state and local laws, it could very well have the opposite effect and throw federal regulations into a sea of judicial muddle. Not only does the bill contain no limits on judicial review, its requirements are often extremely broad and vague, making prime targets for future court challenges. In the end, this could have the detrimental effect of undermining federal assurances for public health, safety, and the environment. Of specific concern: