What the Supporters
are Saying

Pollution will still be reduced - and at a greater savings

From their 2000 levels, Clear Skies cuts sulfur dioxide emissions 73%, nitrogen oxides 67%, and mercury 69% by 2018. (EPA) Among other positive health outcomes these reductions will prevent over 8,000 premature deaths. (EPA) The projected costs of meeting these goals is about $6.5 billion per year by 2020 (EPA), likely a much lower figure than the alternatives proposed in Congress as well as lower than the costs of continuing with the current Clean Air Act. (EEI)

The “cap-and-trade” system has proved successful before

The Clear Skies Act hopes to reduce emissions by duplicating a key aspect of the 1990 amendment to the Clean Air Act—the “cap-and-trade” system, a system that helped substantially reduce the amount of acid rain that fell in the eastern United States. (EEI)

Utilities and industry are free to innovate toward greater reductions in pollution

Flexibility within the Clear Skies Act promotes innovation among those affected. Consider mercury-reduction technologies. Current technologies - including fabric filters and wet scrubber systems - remove significant amounts of mercury. But new methodologies still in development could remove up to 95% of the pollutant. Because current law would require the EPA to set standards using today's technology, it would stifle innovations that could end up being more effective. (EEI)

Delays due to litigation will be eliminated

Under the current Clean Air Act, disputes over regulatory language let power plants and other industrial facilities wait to comply with the law. The mandatory caps within the Clear Skies Act show exactly what emission limits are and are set to take effect immediately. (Whitman)

New Source Reviews discourage cleaner industry

Instead of forcing power plants to be cleaner, New Source Reviews can have the opposite effect - discouraging old plants from modernizing or new plants from being built, because doing so would require using more expensive technology. While the Government Accountability Office says there's no nationwide data on whether or not NSRs have that effect, their interviews with industry suggest NSRs do act as a disincentive for plants to modernize. (GAO)

What the Critics
are Saying

Clear Skies weakens the Clean Air Act, allowing more pollution over a longer period

Current law is more aggressive in reducing pollution and on a faster timetable. (NRDC, WP) For example, the Clear Skies Act would allow more than twice as much sulfur dioxide for nearly a decade longer (2010-2018), leaving sulfur dioxide emissions 1.5 times higher than if the current regulations in the Clean Air Act were enforced. A rival bill introduced in the House would update the Clean Air Act to cut sulfur dioxide, nitrogen oxides, and mercury even more sharply, resulting in 17,800 fewer deaths at a not much greater expense. For one environmental group's comparison of how other bills fare better on our health, see this graphic (WP).

Act doesn't address carbon dioxide

Although many environmentalists think global warming is a pressing issue, the Clear Skies Act sets no limits on carbon dioxide, the gas thought to be the main cause of warming. (NRDC) Because Clear Skies controls emissions of electric power plants, which are responsible for 40% of carbon dioxide released into the air in the United States, the Act misses an opportunity to create a comprehensive plan that addresses all pressing environmental concerns.

Act repeals New Source Review

The New Source Review is a vital component of the Clean Air Act, ensuring that older power plants conform to new emission regulations. Clear Skies would remove this review which would allow plants to upgrade their facilities without penalty if their pollution output increases. (CTA)

States are restricted from enforcing caps on “upwind” states

Though the Clear Skies Act may more readily clarify emissions caps, litigation is still likely among the states due to “downwind pollution.” The Bush administration's bill does its best to hinder states' rights to combat interstate pollution, setting extreme tests for affected states before relief will be granted. Should a state pass these tests, reduction of pollution by plants in the offending state would not be required until 2012. (NRDC)