U.S. District Judge Clarence Cooper denied a preliminary injunction against the federal Environmental Protection Agency, which has been seeking to implement a switch to federally reformulated gasoline to combat dirty air in a 13-county area including Atlanta.
State environmental regulators had asked for the injunction, claiming the reformulated blend won't be as effective in cleaning the air as a special low-sulfur blend currently being used. The state, which won a temporary restraining order against the switch on Sept. 24, had asked for the judge to continue blocking it until a thorough analysis of its impact on the area's air quality could be conducted.
``The EPA has an affirmative responsibility to do that analysis before the program goes into effect,'' said Lewis Jones, an attorney representing the state.
The state also called for the analysis because it claimed that it is now in compliance for the first time in 25 years with the federal government's one-hour ozone standard, one of several measurements of air quality. Officials said it came into compliance after the EPA ordered the switch last year because metro Atlanta's ozone air quality was reclassified from ``serious'' to ``severe.''
Opponents of the reformulated gasoline have said the switch will mean higher gas prices for metro Atlantans, estimating an increase of about five to eight cents per gallon.
The EPA, however, argued that it simply was following a mandate by the Clean Air Act in issuing the order.
Norman L. Rave Jr., an attorney representing the EPA, told the judge that the reformulated gasoline may cause a slight increase in nitrogen oxide but has been proven to offer ``significant benefits'' in reducing other air pollutants, such as carbon monoxide and benzene.
Cooper ruled Thursday in favor of the EPA, allowing the switch to move forward with a Jan. 13 implementation date.
After the ruling, he urged the EPA to reconsider its order for reformulated gasoline if it found that Georgia indeed was in compliance of the one-hour ozone standard.
Attorneys for the state said they would consider appealing the judge's decision.
``It's not over as far as we can tell,'' said Harold Melton, executive counsel to Gov. Sonny Perdue, who said they also may ask for another stay pending the appeal.
Oil distributors remained hopeful that Thursday's decision would be reversed, saying the industry would have to spend thousands of dollars to truck in ethanol, a component of the reformulated gasoline, and revamp current facilities to accomodate the new blend.
``I expect tremendous supply problems for us as distributors, for retailers and for the motoring public,'' said Roger Lane, president of the Georgia Oilmen's Association.
The requirements effect Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale counties.
The state already requires that a specially designed fuel to fight smog be sold in Hall and 44 other counties - including Dawson, Lumpkin, Banks, Jackson and Barrow.
(The Associated Press contributed to this article.)
http://accesswdun.com/article/2004/10/150147