The utility industry appears split on whether President Obama should invoke a special Clean Air Act presidential exemption to extend compliance with Epa's pending utility air toxics rule beyond the air law's four-year window, with some utilities fearing it could give the agency too much power if Obama delegates the authority to Epa. Environmentalists, meanwhile, continue to oppose the idea outright, which has been floated by some utility industry officials in comments on the proposed version of the utility rule and in meetings with Epa and White House officials. Activist critics of the idea say the authority has never been used before and would be an unlawful loophole to air law deadlines.
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