Federal Court Clears Way for Clean Air
/EPA designations of counties not attaining fine particle pollution
standard stand/
*July 7, 2009*
*Washington, DC* -- An important court decision today favors clean air
and public health
<http://pacer.cadc.uscourts.gov/common/opinions/200907/05-1064-1194958.pdf>,
clearing the path for reducing one of the most dangerous types of air
pollution, known as PM 2.5, commonly known as fine particle pollution or
soot. This decision affects numerous counties in parts of the country
that have been designated as being in nonattainment with the fine
particle pollution standard. Read the decision.
<http://pacer.cadc.uscourts.gov/common/opinions/200907/05-1064-1194958.pdf>
The U.S. Court of Appeals for the District of Columbia Circuit rejected
virtually all challenges brought by nine cities and counties, 10 power
industry groups and three states to the U.S. EPA's designations of areas
violating health standards for soot and other particle pollution.
In 2005, EPA designated 225 counties in all parts of the country as
violating air quality standards
<http://www.epa.gov/air/oaqps/greenbk/mappm25.pdf> for PM 2.5, including
counties surrounding Los Angeles, Pittsburgh, Atlanta, Chicago,
Washington, D.C., Philadelphia and New York City. Earthjustice,
representing Sierra Club, intervened in the lawsuit in support of the
EPA designations. See EPA's map of counties violating the PM 2.5
designation <http://www.epa.gov/air/oaqps/greenbk/mappm25.pdf>.
"This is a victory for clean air and public health," said Earthjustice
attorney Jennifer Chavez. "People living in some of our nation's biggest
urban areas are forced to breath dirty air that, for some, is literally
life-threatening. Today's decision means that everyone who breathes air
in these communities will get protection they deserve under the Clean
Air Act."
EPA approved the new designations January 5, 2005, estimating that
compliance with the standards will prevent at least 15,000 premature
deaths, 10,000 hospital admissions, 75,000 cases of chronic bronchitis,
and millions of days of missed work and restricted activity nationwide
every year. Under the Clean Air Act -- the nation's strongest protection
against air pollution -- EPA is required to identify, periodically
review and update air quality standards and areas that are or are not
achieving healthy levels. Designating counties in violation of PM 2.5
standards starts the clean up process.
"Here in Cincinnati, instead of carefree summer days, we get hazy days
and alerts urging us to curb outdoor activity and, for parents of
asthmatics, to have our kids avoid the outdoors," said Marti Sinclair,
Chair of Sierra Club's Clean Air Team. "People should be able to breath
deeply while walking in the park or running on a playground and know
that their health is being protected as required by the law."
EPA based most of the designations on monitoring data from 2001 through
2003. Indiana, Ohio, southern California, Pennsylvania, Maryland, New
York, West Virginia and New Jersey among others have many counties in
nonattainment with the PM 2.5 standard. State and county governments
brought challenges to the designations, as did a number of power
companies and industrial interests.
The court upheld EPA's designation of all but one of 225 counties --
Rockland County, north of New York City.
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