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Supreme and Appellate Courts Reject Challenges to Air Rules

In a major victory for clean air and the public health, the Supreme Court and the US Court of Appeals for the D.C. Circuit have rejected industry challenges to strengthened air quality standards for soot and smog. These standards are among the most important public health initiatives of our time, and will each year save thousands of lives and prevent tens of thousands of respiratory illnesses.

The trucking industry and others challenged the new rules, and Earthjustice attorney Howard Fox represented the American Lung Association in opposing these challenges. Both the Supreme Court and the D.C. Circuit have rejected all industry objections to the soot standards. On the ozone standard, nearly all of industry's challenges failed as well, and EPA is currently considering two remaining ozone issues the courts directed the agency to address. Of key importance, the D.C. Circuit has resoundingly upheld EPA's conclusion, based on review of extensive scientific evidence, that the agency's prior soot and smog standards were allowing numerous adverse health effects to occur.

Read an article by Earthjustice attorney Howard Fox on the Supreme Court's air quality decision.