Challenging the Environmental Protection Agency’s own failure to comply with the Clean Air Act, Earthjustice today filed the sixth of seven lawsuits against EPA on behalf of Sierra Club. Today’s lawsuit addresses EPA’s failure to report to Congress on its own progress — and that of the States — in implementing the Clean Air Act’s air toxics provisions.

“Every three years, EPA is required to submit a report to Congress,” said Earthjustice attorney Jim Pew. “When Congress enacted that requirement in 1990, EPA already had demonstrated a tendency to ignore or delay its obligations under the Clean Air Act. Congress knew that it needed to watch EPA carefully, especially with respect to these highly important controls for hazardous air pollutants.”

The third of EPA’s triennial reports was due in January 1999. The agency still has not submitted it.

“Given the overall failure of EPA’s air toxics program, it is ironic that EPA has not even submitted its report,” pointed out Marti Sinclair, chair of Sierra Club’s Environmental Quality Committee. “If Congress understood how little has been accomplished, it might act to require EPA to do its job. By not reporting to Congress, EPA avoids congressional oversight and also avoids public scrutiny of its woeful record on air toxics.”

Earthjustice filed suit in the United States District Court for the District of Columbia.

For more information, contact Suzanne Carrier of Earthjustice (202-667-4500) or Bob Palzer, Ph.D. of Sierra Club (541-482-2492).

###