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Providence Journal - 3/10/2005

Chafee's vote is key in Democratic defeat of air-pollution bill

WASHINGTON -- Sen. Lincoln D. Chafee helped hand President Bush a rare domestic setback yesterday, joining Democrats to kill a measure to give power plants and other industrial facilities later deadlines to cut their emissions of air pollutants.

"The existing Clean Air Act will protect our environment better than Mr. Bush's measure, known as 'Clear Skies,' " Chafee said as he joined in a 9-to-9 vote that blocked passage of the bill by the Senate Environment and Public Works Committee.

Independent Sen. James Jeffords, of Vermont, and all the committee's Democrats joined in opposition to the bill with Chafee, the lone Republican foe of the Clear Skies measure.

The committee chairman, Sen. James Inhofe, R-Okla., said environmentalists who wanted further carbon-dioxide emission reductions had killed a bill that could have provided fixed reductions in pollutants over the coming decades. Industry has criticized the current regulatory system as ambiguous and subject to change.

"This bill has been killed by the environmental extremists who care more about continuing the litigation-friendly status quo and making a political statement on CO2 than they do about reducing air pollution," Inhofe said.

Supporters held out some hope that a Clear Skies compromise could be salvaged. There remain procedures under which the GOP could bring a version of the bill to the full Senate, but Chafee expressed doubt that any compromise would be struck.

"I don't share their optimism," he said.

The bill's provisions to restrict antipollution lawsuits by states were among the environmental community's major objections to the Clear Skies initiative. Opponents argued that the ability to challenge polluters in court was an important tool in the antipollution arsenal of the Clean Air Act.

Environmentalists hailed the vote as a "rebuke" to Mr. Bush's environmental policy, in the words of Matt Auten of the Rhode Island Public Interest Research Group, which lobbied Chafee to help defeat the measure. Some environmentalists decried the bill as a sweetheart deal for industries that have contributed heavily to the campaigns of Mr. Bush and other Republican candidates.

But a coalition of unions and manufacturing interests said that the demise of the bill would help raise energy prices without curbing the emissions from Midwestern utilities that pollute the air in downwind states, including all of New England.

Chafee's vote was "a very important and commendable stand in working to defeat a Clear Skies bill, which would have been a disaster for public health and for clean air," Auten said.

Auten and other environmentalists had criticized Chafee for joining in negotiations with Republicans toward a compromise on a bill that some environmentalists deemed so objectionable that it should simply be killed.

Chafee defended his willingness to discuss possible improvements with committee Republicans. "I never would have done anything to harm the environment in Rhode Island," he said.

Chafee opposed the bill on broad grounds. First, he said it would represent a step backward from the antipollution standards established by the 1990 amendments to the 1970s-vintage Clean Air Act. (His father, the late Sen. John H. Chafee, had played a prominent role in enacting those amendments.)

Second, Chafee lamented what he viewed as the bill's failure to address global warming. "It's a shame that the U.S. Congress is the last bastion of denial on climate change," Chafee said.

Chafee joined several Democrats in negotiations with Inhofe partly out of a desire to add provisions to fight global warming.

Sen. Barbara Boxer, D-Calif., said that the Bush administration's labeling its bill "Clear Skies" was "akin to calling Frankenstein Tom Cruise."

Yesterday's vote followed two dozen hearings over the past two years and, more recently, weeks of intense lobbying on both sides, including the appearance of environmentalists at Chafee's Providence office, calling on him to vote against the bill.

Mr. Bush's plan would have amended the law to reduce nitrogen oxides, sulfur dioxide and mercury in the air by letting plants trade pollution rights among themselves so long as the industry attained overall limits set by the government.