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The exemptions prevent communities from holding air polluters accountable for toxic emissions

Seth Johnson, Attorney, Washington, D.C., Office: “The Clean Air Act says you need to meet emission limits at all times. There are free passes — loopholes — now. Many are being closed, and the rest that remain open need to be closed. That’s necessary in order to urge companies to take sensible precautions to avoid…

Companies use affirmative defense to avoid the consequences of releasing unlimited amounts of toxic emissions during emergencies

Air polluters use affirmative defense to avoid the consequences of releasing unlimited amounts of toxic emissions during emergencies

Groups petition EPA to close Clean Air Act loopholes for startup, shutdown, malfunction events

Earthjustice, along with a coalition of community advocacy and environmental groups, formally petitioned the U.S. Environmental Protection Agency (EPA) to eliminate loopholes in national Clean Air Act protections that allow facilities like oil refineries, chemical plants, and incinerators to disregard emission standards, stop reporting their pollution, and avoid fines or other consequences for excess pollution they emit during startup, shutdowns, and malfunctions (SSM). Courts have repeatedly told EPA that these exemptions are illegal — and EPA itself recognizes these exemptions are illegal.

Dangerous “malfunction” loopholes allow industry to emit toxic air with impunity

Communities deserve robust public health protections from ongoing, serious pollution spikes

Power company wanted to violate pollution limits without consequence during malfunctions. By refusing to hear the case, U.S. Supreme Court ends this challenge.

Good step in the right direction for the EPA's work to protect communities

Loophole allowing emissions to exceed lawful limit must be closed to protect public health and the environment

According to estimates from the U.S. Environmental Protection Agency, 160,000 American lives were saved in 2010 by the Clean Air Act’s health protections. Four decades of clean air protections have made the U.S. stronger, healthier and more prosperous.

Earthjustice litigation succeeded in closing a gaping air pollution loophole known as the startup, shutdown, and malfunction exemption, which allowed industrial facilities to blanket nearby communities with toxic air pollution, all without warning or accountability.

Victory for clean air advocates who fought air pollution loophole

This court decision eliminates a loophole that had allowed polluters to ignore pollution limits whenever equipment malfunctions, and whenever they start up or shut down operations.

Polluter loophole obliterated by federal court decision

Air pollution loophole in federal court today

Opening briefs in case challenging air pollution loophole allowing polluters to evade clean air laws during so-called 'startup, shutdown, and malfunction' periods