A large coalition of public health, environmental justice, and conservation groups notified EPA of their intent to sue the agency to compel overdue action on state plans that are failing to control ozone pollution—a necessary step on the path to stronger protections from EPA. Earthjustice submitted the notice on behalf of Air Alliance Houston, Downwinders at Risk, Texas Environmental Justice Advocacy Services, Appalachian Mountain Club, Earthworks, Sierra Club, Center for Biological Diversity, Natural Resources Defense Council, and Environmental Defense Fund. Clean Air Task Force, representing Clean Wisconsin, joined the notice.

More protection still needed for communities breathing smog

These consolidated cases involve a challenge to an Environmental Protection Agency regulation known as the Close-Out Rule. The rule addresses the obligation of upwind states to reduce their contribution of ozone precursors to downwind states, which must attain an ozone pollution standard by certain statutory deadlines.

Court strikes down EPA rule for failing to eliminate pollution by Clean Air Act deadlines

The D.C. Circuit Court of Appeals rules that U.S. EPA is illegally failing to control ozone pollution — smog — that travels across state lines and contributes to unhealthy air in downwind states. The ruling requires EPA to secure clean air by reducing the pollution emitted by coal-fired power plants and other polluting industries in upwind states — pollution reductions that will save hundreds of lives and prevent hundreds of thousands of asthma attacks every year. The court also rejected arguments by polluting industries and red states that the pollution reductions EPA has already required are too costly.

Court rules EPA must control smog that harms breathers in downwind states

Over 36 million people will continue to deal with dangerous ozone levels emanating from upwind states

Comments of Earthjustice, Sierra Club, Appalachian Mountain Club, Environmental Defense Fund, Chesapeake Bay Foundation, Environmental Law And Policy Center, Clean Air Task Force, Downwinders At Risk, NAACP, and Texas Environmental Justice Advocacy Services on EPA’s Proposed Bad Neighbor Rule

EPA’s proposed Cross-State Air Pollution Authorization allows upwind polluters to continue emitting harmful pollution that will cause violations of the 2008 ozone standard in downwind states.

The U.S. Environmental Protection Agency’s 2011 Cross-State Air Pollution Rule would prevent up to 34,000 premature deaths each year and provide up to $280 billion in health and environmental benefits by reducing pollution that crosses state lines. The Cross-State Air Pollution Rule would require power plants in more than two dozen states to clean up…

Nation’s highest court overturns a lower court decision

Thanks to a U.S. Supreme Court ruling today, more than two-dozen states with coal-fired power plants must clean up dirty emissions.

If rule upheld, up to 34,000 lives saved

The highest court of the land will hear argument in a case that is important to anyone with lungs. A vital air safeguard, the 2011 rule would require power plants in more than two dozen states to clean up nitrogen oxide and sulfur dioxide pollution that drifts across state borders and contributes to harmful soot (particles) and smog (ozone) pollution in downwind states.

CSAPR would identify the emissions within 27 states in the U.S. that affect the ability of neighboring and downwind states to achieve cleaner air. The rule would substantially reduce the adverse air quality impacts of these emissions transported across state lines.

EPA safeguard rejected by lower court would prevent thousands of deaths each year