Fourteen American states and a collection of lobby groups have filed suit
against the US Environmental Protection Agency (EPA), accusing it of endangering
public health with weak air quality standards.
The plaintiffs have accused the agency of inadequate standards for governing
pollutant levels in the US after EPA administrator Stephen Johnson announced a
decision on ground-level ozone safety levels in March.
“The administrator set a standard that was significantly less protective than
his own science advisors had unanimously recommended,” said Vickie Patton, a
spokesperson for litigant the Environmental Defense
Fund, which has launched a parallel suit to the states’ action along with
organisations including the American Lung Association.
Under the decision, a secondary standard for ground-level ozone - a major
component of the smog that affects many US cities - was not reduced, in spite of
scientific advice to the contrary. According to Congressional testimony, the
White House
intervened
and influenced the EPA’s decision.
The states will ask the courts to force the EPA to adopt ozone standards in
line with the original scientific advice.
States suing the EPA include Connecticut, Delaware, Illinois, and California
(which is also suing the EPA over its refusal to let the state impose stricter
automobile-based emissions standards than federal standards allow).
Massachusetts, which originally won the legal right to force the EPA to regulate
CO2 emissions under the Clean Air Act last year, is also suing. The City of New
York and the District of Columbia are also signatories to the suit.
One month after Johnson’s decision, the
National
Research Council issued a report stating that short-term exposure to current
levels of ozone in many parts of the US could lead to premature death. The
report considered whether there is a threshold of exposure below which there is
no risk of death. “If a threshold exists, it is probably at a concentration
below the current public health standard,” the National Academies said.
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