Environmental Groups Sue EPA Over Air Pollution Plans

(4 August, 1998 — Washington) The Environmental Defense Fund (EDF) and Natural Resources Defense Council (NRDC) filed suit late yesterday against the US Environmental Protection Agency (EPA) for failing to maintain vital Clean Air Act requirements to protect public health in nearly 3,000 counties across the United States. These counties were previously found to violate the clean air standard for ozone smog, which exacerbates respiratory and other health problems and contributes to premature death.

In June, EPA announced its plan to withdraw the classification of these counties as being in “nonattainment” for ozone. While these counties do not currently show ozone smog violations, they would most likely be in violation under new, stricter ozone smog regulations slated to take effect in the next two years. EDF and NRDC oppose revising the nonattainment classification for these counties, because in the lag time before the application of new regulations, the counties will not be responsible for maintaining or lowering current ozone smog levels.

“EPA’s action sets the stage for rapid approval by state highway agencies of billions of dollars of new roads without accountability for how these will impact on long-term traffic and pollution growth. This action undermines the Clean Air Act and would delay by many years the time when millions of Americans will finally be able to breathe healthful air,” said Michael Replogle, Federal transportation director of EDF.

On Friday, July 31st, the groups also filed notice of their intent to sue EPA to assure that 16 states and the District of Columbia develop long overdue plans for reducing air pollution to meet Federal health standards. These plans were due in November 1994. EPA notified these jurisdictions of their failure to submit appropriate plans years ago. These states include most of the northeastern and mid-Atlantic states from Virginia to New Hampshire and Massachusetts, Indiana, Illinois, Wisconsin, Georgia, Texas, and Louisiana.

“The Clean Air Act gives states tremendous flexibility in deciding how to meet science-based goals to protect public health. But EPA is required by the Act to ensure progress by the states, if necessary by taking action on its own,” said David Hawkins, a senior NRDC attorney.