May 28

A coalition of environmental and public health groups is suing the U.S. EPA for setting new ozone standards the groups contend are too lax.

The public interest law firm Earthjustice filed the lawsuit in the U.S. Court of Appeals for the District of Columbia on behalf of the American Lung Association, the Natural Resources Defense Council, the Environmental Defense Fund, the National Parks and Conservation Association and the Appalachian Mountain Club.

In announcing the new standards last year, EPA Administrator Stephen Johnson said the 75 parts per billion standard was the most stringent in U.S. history.

However, the groups bringing the lawsuit and an advisory committee to the EPA contend the new standard does not go far enough. The EPA´s Clean Air Scientific Advisory Committee had recommended a standard of 60 to 70 parts per billion.

Ozone, a major component of smog, is linked to premature deaths and respiratory illnesses, including asthma.

"The Clean Air Act requires EPA to adopt standards strong enough to protect our lungs and our environment," Earthjustice attorney David Baron said. "We´re fighting to make sure that happens."

The lawsuit follows a contentious hearing before the U.S. House Committee on Oversight and Government Reform the week before in which Johnson acknowledged he discussed the proposed standards with unnamed White House officials before issuing his decision. However, he insisted he made the final determination in establishing the standard at 75 ppb. Johnson refused to say during his committee appearance with which White House officials he spoke with or to provide details of their conversations.

The Earthjustice lawsuit also challenges EPA´s decision not to establish a separate standard recommended by the agency´s science advisers and the National Park Service to protect the environment and wildlife in natural parks from smog. Ozone pollution can cause substantial damage to trees and plants, stunting their growth and making them more susceptible to disease.

Thirteen states and two cities are also challenging the smog standards. Attorneys general in California, Delaware, Illinois, Massachusetts, Maryland, Maine, New Hampshire, New Jersey, New York, New Mexico, Oregon, and Rhode Island filed their appeal Tuesday along with the District of Columbia, the city of New York and the Pennsylvania Department of Environmental Protection.

It is unlikely the lawsuit will be resolved before the current administration leaves office next February, Baron acknowledged.ƒn

Contact Waste News senior reporter Bruce Geiselman at (330) 865-6172 or bgeiselman@crain.com

To subscribe or visit go to:  http://www.wastenews.com