Even the judge appointed recently by Bush opposed the administration in this case:
Judges Overturn Bush Bid to Ease Pollution Rules, by Michael Janofsky, NY Times: A federal appeals court ... overturned a clean-air regulation issued by the Bush administration that would have let many power plants, refineries and factories avoid installing costly new pollution controls... [T]he court said the agency went too far in 2003 when it issued a separate new rule that ... would exempt most equipment changes from environmental reviews — even changes that would result in higher emissions.
With a wry footnote to Lewis Carroll's "Through the Looking Glass," the court said that "only in a Humpty-Dumpty world" could the law be read otherwise. "We decline such a world view," said their unanimous decision, written by Judge Judith W. Rogers, an appointee of President Bill Clinton. Judges David Tatel, another Clinton appointee, and Janice Rogers Brown, a recent Bush appointee, joined her... The provision of the law at issue ... governs the permits required at more than 1,300 coal-fueled power plants ... and 17,000 factories, refineries and chemical plants that spew millions of tons of pollution into the air each year... The decision is unlikely to be the last word; several circuit courts or appeals courts have ... decided related cases, and the issue may eventually reach the Supreme Court...[dual post]