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document March 16, 2021

Ozone SIPs Notice of Intent

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.

Press Release March 16, 2021

EPA’s Interstate Air Pollution Rule Should Be Bolder

More protection still needed for communities breathing smog

document October 1, 2019

Close-Out Rule Judgement

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.

Smog over New York City.
(Youngrobv / CC BY-NC 2.0)
Press Release: Victory October 1, 2019

D.C. Circuit Reaffirms EPA’s Obligation to Control Dangerous Cross-State Smog Pollution

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

document September 13, 2019

Wisconsin v. EPA Ozone Transport Decision

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.

Smoke from a coal powered plant.
(Calin Tatu / Shutterstock)
Press Release: Victory September 13, 2019

D.C. Circuit Rules EPA’s Failure to Protect People From Cross-State Air Pollution is Illegal

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

Janet, a fifth grader from Oakland, California, wears a symbolic mask, as she attends a public hearing held by the U.S. Environmental Protection Agency on strengthening the ozone pollution standard, February 2, 2015.
(Chris Jordan-Bloch / Earthjustice)
Press Release December 5, 2018

EPA Finalizes “Bad Neighbor Rule” Exposing Hundreds of Communities in Eastern States and Texas to Cross-State Air Pollution

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

document August 31, 2018

Joint NGO Comments Bad Neighbor Rule

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

document August 1, 2018

Neil Gormley's Testimony on Cross-State Air Pollution Authorization

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.

Hazy air covers the large portion of the United States, stretching from the Midwest, to the Southeast, and the Mid-Atlantic. Image acquired July 26, 2005.
(NASA Earth Observatory)
case April 29, 2014

Defending a Major Interstate Air Pollution Safeguard

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…

The Cross-State Air Pollution Rule requires 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. (Solovyova Lyudmyla / Shutterstock)
Press Release: Victory April 29, 2014

Reversing Lower Court, Supreme Court Clears Away Key Obstacle to Major Interstate Air Pollution Safeguard

Nation’s highest court overturns a lower court decision

The statue 'Contemplation of Justice', outside of the U.S. Supreme Court building.
(Jason Speros / Shutterstock)
Article: Victory April 29, 2014

Supreme Court Upholds Cross-State Air Pollution Rule

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

Press Release December 9, 2013

Supreme Court Hears Arguments on Major Interstate Air Pollution Safeguard

If rule upheld, up to 34,000 lives saved

Article December 9, 2013

Supreme Court Reviews Air Rule that Would Prevent Thousands of Deaths Each Year

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.

Article September 5, 2013

What is CSAPR Anyway?

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.

Press Release September 4, 2013

Groups Ask Supreme Court to Let Air Pollution Cleanup Go Forward

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