D.C. Circuit Reaffirms EPA’s Obligation to Control Dangerous Cross-State Smog Pollution
In another victory for public health, the D.C. Circuit Court of Appeals struck down a U.S. Environmental Protection Agency rule for failing to eliminate harmful ozone pollution — smog — that travels across state lines and contributes to unhealthy air in downwind states.
Echoing a ruling issued last month, the Court again rejected EPA’s attempt to delay health protections that would save hundreds of lives and prevent hundreds of thousands of asthma attacks every year.
The case was briefed and argued by Earthjustice attorneys representing Downwinders At Risk, Sierra Club, Appalachian Mountain Club, Texas Environmental Justice Advocacy Services, and Air Alliance Houston, along with Clean Wisconsin, Clean Air Task Force, and Chesapeake Bay Foundation. The environmental and public health groups were joined by six states and the City of New York in challenging the EPA decision……