You'd think that a major court ruling, on a subject as high-profile as the Clean Air Act, had been issued in the dark of night. A group of 19 environmental organizations has asked the state Division of Air Quality to require Duke Energy to install the latest pollution controls on its new Cliffside power plant, based on that ruling. The division's response: "We'll study the request."

The ruling was issued last month by the U.S. Circuit Court of Appeals for the District of Columbia. The case stems from a controversial decision on the part of the U.S. Environmental Protection Agency to scrap a policy requiring utilities to install best-available technology to reduce mercury emissions. The court said the EPA was wrong and that utilities must find the most effective technology to scrub out mercury, a powerful neurotoxin to humans, especially infants and children.

The N.C. Utilities Commission approved Duke's new Cliffside coal-burning plant last year, and the air quality division approved a permit for its operation before the D.C. Circuit's ruling was issued. To Duke's credit, it had planned to use technology that would remove as much as 90 percent of mercury emissions. It may be possible, with existing technology, to increase that to 98 percent. That's a significant difference.

Construction of the plant is just starting. For the sake of public health and in Duke's own financial interest, the division should promptly ensure that the company is acting to comply with federal law.

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