Those seeking to relax the law, include Sens. Kit Bond (R-Mo.), John Ashcroft (R-Mo.) and James Inhofe (R-Okla.), and Reps. James Talent (R-Mo.) and Pat Danner (D-Mo.). They want to reverse a 1999 federal appeals court ruling that highway projects must comply with state air pollution reduction plans.

The Bond-Ashcroft-Inhofe initiative was approved on a straight party-line vote by the Senate Environment and Public Works Committee last fall and was recently sent to the Senate floor.

The proponents of these measures appear ready to go to almost any lengths to bulldoze opposition. For example, Reps. Talent and Danner recently sent out a "Dear Colleague" letter that implied, absurdly, that the court decision would increase traffic fatalities among children.

Also lobbying Congress to relax the Clean Air Act are Bush appointees who head the Texas Department of Transportation and Texas Natural Resources Conservation Commission. "Without congressional relief," asserted Texas' Commissioner of Transportation, the court ruling "could effectively shut down needed transportation projects in nearly all of the major metropolitan areas of Texas."

But that's not what happened in Atlanta, the first area affected by the court decision. There, the decision has prompted money to be redirected away from sprawl-inducing highways and towards projects involving public transit, safety, HOV, pedestrian, bicycle, and smart traffic management investments.

Environmentalists will urge Congress to support alternative bills, sponsored by Sen. Max Cleland (D-Ga.) and John Lewis (D-Ga.) (see note) that would make it clear that traffic safety projects and projects that improve air quality can go forward.

Will Sen. Bob Smith Turn His Back on John Chafee's Legacy?

The first battle is likely to take place in the Senate. Sen. Bond may seek to have the measure added as a "rider" to a supplemental appropriations bill in March.

This could become the first big environmental test for Sen. Bob Smith (R-N.H.), who has replaced the late John Chafee as chairman of the Senate Environment and Public Works Committee.

Before his death last year, Chafee had voted with fellow committee Republicans for the Bond bill -- with every committee Democrat in opposition. But Chafee realized the bill had to be moderated in order to attract bipartisan support. (As our chairman, former Sen. Robert T. Stafford (R-Vt.) put it in a recent New York Times commentary, "the Senate environment committee historically set aside partisan concerns and protected the environment.")

For that reason, a "report" on the bill was not filed. Apparently Sen. Smith was less reluctant to send the bill to the full Senate. So the question now is: will Sen. Smith try to slow down the highway lobby bulldozer, or will he turn his back on John Chafee's legacy of bipartisanship?

Call the Clean Air Trust at 202-785-9625 with questions.

NOTE: For those wanting to follow the progress of this issue, the Bond-Inhofe bill is S. 1053. The Talent-Danner bill is H.R. 1876. The Lewis bill is H.R. 3686, and the Cleland bill is S. 2088.

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