Arizona Daily Star from Tucson, Arizona • Page 1

SATURDAY it sage green Decorators all agog over particular hue Oasis, id Bye, Inflation sighting Rare enough to send markets reeling Money, 3B EtecEter picks UA Indiana transfer lured by challenge Sports, 1C Wayward buffalo heading to Montana MetroRegion, IB 'mm. Mmm Serving Tucson and Southern Arizona Vol. 158 No. 135 1999 Final Edition, Tucson, Saturday, May 15 U.S.$1.00 In Mexico 88 Pages 5ar smog rales gher EPA Coy irt tosses out toy Administration absorbs a major setback plete and poor science and were too costly. But two of the three judges concluded that the EPA failed to justify the pollution levels it selected as minimum requirements to protect public health.

The agency "construed (sections of) the Clean Air Act so loosely as to render them unconstitutional delegations of legislative power," wrote Judges Douglas H. Ginsburg and Stephen F. Williams. Judge David S. Tatel, who joined the other two in some of the decision, nevertheless issued a strong dissent on this key point.

The EPA, in fact, used "reasonable explanations" for setting the standards it chose, wrote Tatel. The regulations imposed much tougher health standards for smog-causing ozone and opened the way for the first time for regulation of microscopic soot. The tighter standards put hundreds of counties in violation of federal air quality standards. A broad array of industry groups, from electric utilities to trucking companies, vigorously fought the regulations, arguing they would require costly pollution reductions while the health benefits had yet to be shown. The EPA has argued that current ozone and soot standards do not protect certain segments of the population, including small children, the elderly and peo-; pie with respiratory ailments.

When they were imposed, Vice President Al Gore See SMOG, Page 6A WASHINGTON (AP) A federal appeals court blocked the EPA yesterday from imposing tougher air-quality requirements the agency says are needed to protect children and people with respiratory problems. The ruling by a three-judge panel, acting on a lawsuit by a number of industry groups, was a major defeat for the Clinton administration. The administration has viewed the air regulations as one of its top environmental accomplishments. The Environmental Protection Agency said it will ask the Justice Department to appeal. But the ruling halted any further enforcement of rules imposed in July 1997 that require states to dramatically reduce the amount of ozone, or smog, and microscopic soot they may allow in the air.

The administration is "deeply disappointed" by the ruling, said White House press secretary Joe Lockhart. "We will continue to do everything in our power to ensure that the American people are adequately protected against harmful air pollutants." The three judges of the U.S. Court of Appeals for the District of Columbia rejected claims by the industry groups that the regulations were based on incom- Civilians bombed War comes first: Air Force to block exodus of workers i7 49 Jernigan, an F-16 pilot with the S.C. Air National Guard. Jernigan said the services take some risk in not allowing members who are ready to retire or have fulfilled their commitment to leave.

The biggest risk is the threat of an increased exodus once the Stop Loss order is lifted. For that reason, Jernigan said, "it's something the services probably need to avoid whenever possible." The Air Force Reserve and Air National Guard also are affected by the order. Under U.S. law, a Stop Loss must be approved by the president and secretary of defense. Air Force officials in Washington said yesterday they could not say how many people would be affected or how long the order would stand.

The order to keep Air Force people from leaving comes at a tumultuous time for all the services, which are suffering from unprecedented recruiting and retention problems. The Army is on pace to miss its year-end recruiting goal of 74,500 by about 10,000 soldiers. Knight Ridder Newspapers COLUMBIA, S.C. The Air Force will begin preventing some of its people from leaving the service, citing personnel shortages and an immediate need to staff the air war in Yugoslavia. The seldom-used procedure, known as Stop Loss, will affect at least 40 percent of Air Force career fields and will begin next week.

The Air Force has not announced which jobs will be affected, but the service is suffering an exodus of highly skilled workers, from pilots to air traffic controllers to those who fix and maintain aircraft. Yesterday, Air Force officials in Washington would not confirm that they will implement a Stop Loss. But the service's Online News page on the Air Force Web site confirmed the news. The last time the Air Force used Stop Loss was during Desert Storm. It is seen as a last resort during wartime or periods of critical personnel shortages.

"The military has the right to do this in times of national security and everybody knows this when they join," said Col. Jet The Associated Press Ethnic Albanians cry over the cradle of a dead child after air bombings in the village of Korisa, Kosovo. Yugoslav gov ernment officials say NATO bombs killed more than 60 Albanians and injured scores more. Page 17A. Court upholds ethnicity factor in traffic stops by Border Patrol 'High-caliber loopholes' can't trip gun curbs WASHINGTON (AP) Senate Republicans forced passage of new restrictions on gun show Senior Achievers See the artwork, poems and stories of hundreds of standout high school stu- U3 dents in the 1999 Senior Class Achievers section.

A rich subplot A reporter learns the limits of her patience and her SAN FRANCISCO (AP) Border Patrol agents can consider ethnicity among other factors when they make traffic stops, a federal appeals court ruled in a case involving two Hispanic men who turned their cars around to avoid a highway checkpoint. In a 2-1 ruling, the 9th U.S. Circuit Court of Appeals on Thursday upheld the 1996 detention of two Hispanic men stopped 50 miles inside the United States after they tried to avoid a highway checkpoint in El Centro, Calif. The court said it was appropriate that among the things the officers considered in making the stop was the fact the men turned around, and that they were; Hispanic. Jose Matus of Coalicion de Derechos Humanos, a Tucson-based border rights organization, said the harassment of people on the basis of race and ethnic-; ity is serious problem made worse by the court's decision.

"It is an unfortunate decision by the court and it opens the door for more abuse. With this ruling, we; have all become suspects. We're either illegals, drug runners or polleros (smugglers of illegal See ETHNICITY, Page 16A v't vocal cords in a week as a substitute teacher. Slain Columbine student being portrayed as martyr sales yesterday, overriding solid Democratic opposition and a complaint by President Clinton that the provision was "riddled with high-caliber loopholes." The vote, 48-47, marked a retreat on the part of the GOP and came in an atmosphere of intense political jockeying over gun control spurred by last month's shooting rampage at a Colorado high school. Republicans "know the public wants gun control, but they're afraid to offend the National Rifle Association," said Sen.

Charles Schumer, Countered Sen. Orrin Hatch, R-Utah, "The National Rifle Association hasn't had a thing to do with it. I don't care whether they accept it or not." Republicans said their proposal would require background checks for anyone who buys a weapon at a gun show. The GOP had refused earlier in the week to accept such a plan, and Hatch and others said they might be open to further concessions on other gun-control issues. At the same time, it was not clear whether the bill would ever come to a final vote.

Lawmakers of the two parties accused each other of laboring to make sure it died. Senatorial tempers flared dur-SeeGUNS, Page 6A WEATHER Around 90. Today is expected to be sunny with south-' west winds to 25 mph. Look for a high near 90 and a low in the upper 50s. Yesterday's high was 91 and the low was 66.

Details on Page 17 A. INDEX Accent Money 3-8B Bridge 6D Movie times Classified Noon to Noon Comics 10D Oasis 1-40 Comment Obituaries .16 A' Crosswords .2 Sports 1-8C Dear Abby .110 TV listings LITTLETON, Colo. (AP) As explosions and gunfire thundered through the halls of Columbine High, Cassie Bernall closed her eyes and clasped mjvm -si VMS her hands in prayer. One of the killers pointed a shotgun at her and asked if she believed an example to other young people. She has become something of a martyr.

In Catonsville, Kristen Eppard, 15, was so moved by Bernall's story that she plans to take the girl's name when she is confirmed tomorrow at the Church of the Good Shepherd. "I just thought it was really awesome how she did that," said Eppard, whose father is a priest in their charismatic Episcopal faith. "She's a martyr because she stood up for God and she died that way. I want to be just like her." Elementary school teacher Kathi Cossey of Houston said See MARTYR, Page 6A God. Yes, she said.

And then he The Associated Press Colorado healing killed her. Bernall Around the country, Bernall's affirmation of faith has been recounted in Sunday school classes and at church youth gatherings. The 17-year-old has been cited as Lance Klrklin and his parents, Mike and Dawn, talk about his recovery from a massive shotgun wound to his Jaw and other shots he suffered at the hands of the Littleton, gunmen. Page 6A. 7.