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Latest Plan to Clear DC Region's Air Falls Short

Draft plan inadequate to address ozone problem
May 27, 2003
Washington DC —

As the Washington DC region braces for another summer of Code Red air quality days, the Washington DC metropolitan area Council of Governments is planning to roll out a new proposed clean air plan that clean air advocates say will fall far short of what's needed to meet clean air standards. The draft plan will be released Wednesday, May 28.

The Council, which includes representatives from Maryland, Virginia, and the District of Columbia, is required to adopt a stronger air quality plan to comply with a federal court decision obtained by environmental groups last July. In the case filed by Earthjustice, on behalf of the Sierra Club, a federal appeals court ruled that state and local plans to address the region's ozone problem were inadequate.

"Unfortunately, the Council is doing far too little to address some of the worst sources of air pollution in our region, including dirty diesel trucks and buses, and construction equipment," said Earthjustice attorney David Baron. "They're using Enron-style accounting to pretend the air is getting cleaner, when last summer was the most polluted in more than a decade."

In January, the U.S. Environmental Protection Agency (EPA) reclassified the DC metropolitan region as being in "severe" non-attainment of air quality standards for ozone pollution. The redesignation, prompted by a federal court order in a separate lawsuit brought by Earthjustice on behalf of the Sierra Club, requires stronger pollution controls for industry and transportation sources, as well as contingency measures to kick in if the region fails to meet clean air deadlines.

Earthjustice and Sierra Club contend that EPA is illegally allowing delays in adoption of even these new measures. The EPA has "conditionally" approved the very same plans that the D.C. Circuit found to be legally deficient last July, and has given the states at least a year to submit plans to correct these deficiencies. EPA also announced that it is letting the states delay until 2005 pollution reductions that the Clean Air Act required to be achieved by 2002.

"The residents of Metropolitan Washington have waited too long to breathe healthy air," said Sierra Club spokesperson Melanie Mayock. "As long as regional leaders fail to address the growth in driving caused by sprawl development, our air will never be healthy."

Earthjustice has filed a new lawsuit in the D.C. Circuit on behalf of Sierra Club challenging EPA's re-approval of the deficient ozone plans for the Washington area, and the delay in achieving pollution reductions.

Contacts

David Baron, 202-667-4500 x 220

Cat Lazaroff, 202-667-4500 x 213

Melanie Mayock, Sierra Club, 703-312-0533 x 110

About Earthjustice

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.