Respiratory Health Association Statement on West Virginia v. EPA Decision

The Supreme Court’s decision in West Virginia v. EPA is disappointing and poses an immediate environmental and health threat to communities across the country.

By undermining the authority of the U.S. Environmental Protection Agency to regulate harmful greenhouse gas emissions from power plants, the Court has stifled a regulatory process that had worked for decades to reduce air pollution, curb climate change, and protect people’s health. This ruling particularly hurts people living with lung disease and communities that have long-faced disproportionate amounts of air pollution. Going forward, people in communities like these will bear the brunt of major polluters nearby – breathing dirty air that increases their risk for lung disease. These communities already suffer disproportionately high rates of asthma, COPD, and heart disease, and this ruling will only widen these disparities.

Respiratory Health Association (RHA) will continue to work with states such as Illinois – which passed the historic Climate and Equitable Jobs Act in 2021 – to implement clean renewable energy policies and look to leaders like Gov. Pritzker to address diesel vehicle pollution. Ensuring Illinois joins other leading states by adopting the Advanced Clean Truck (ACT) Rule and Heavy-Duty Omnibus (HDO) rules will dramatically reduce deadly threats from diesel tailpipe exhaust.

Respiratory Health Association remains committed to advocating clean air and lung health on behalf of people everywhere, and will continue to fight for a future where everyone can breathe clean air.

Environmental and Public Health Groups Challenge US EPA’s Decision to Exclude Areas from Ozone Non-attainment List that Would Trigger Clean-up

Environmental and Public Health Groups Challenge US EPA’s Decision to Exclude Areas from Ozone Non-attainment List that Would Trigger Clean-up

FOR IMMEDIATE RELEASE
August 2, 2018

Contact: Judith Nemes
(312) 795-3706
JNemes@elpc.org

Washington, D.C.On August 2, the Environmental Law & Policy Center (ELPC) and Respiratory Health Association (RHA) sued the U.S. Environmental Protection Agency in U.S. Circuit Court for the District of Columbia, challenging the EPA’s final rule, published in June 2018, that identified areas that meet and fail to meet the 2015 ozone air quality health standard.

ELPC and RHA are challenging the exclusion of certain areas in Wisconsin, Illinois and Indiana from the Chicago, Milwaukee and St. Louis “non-attainment” areas that have smog levels above the 2015 standard.

“EPA has sadly disregarded the plain facts and sound science in making these designations,” said Howard Learner, ELPC’s Executive Director. “EPA has not followed the letter or the spirit of the Clean Air Act and has excluded areas involving unhealthy air quality for millions of Midwesterners. Cleaner air is essential to public health and a strong economy in our region.”

The Clean Air Act requires EPA to designate non-attainment areas in counties where air quality fails to meet federal health standards for ozone and where local emissions contribute to unhealthy air quality. The states must then take steps to reduce emissions of the air pollution that cause smog.

In 2015, EPA issued a more protective ozone air health standard, which triggered a process to identify violating areas so that clean air planning could begin. In the Chicago, Milwaukee and St. Louis areas, EPA originally proposed more comprehensive non-attainment areas, but excluded certain areas in its final decision in June in response to requests from the states.

“We are very concerned that EPA would dial back these decisions,” said Brian Urbaszewski, Director of Environmental Health Programs at Respiratory Health Association in Chicago. “Everyone deserves to breathe clean air, and EPA’s decision puts area residents at risk of more lung infections, asthma attacks, and hospitalizations for respiratory problems.”

Ozone is formed when pollution emitted by power plants, industrial facilities, motor vehicles and other activities reacts with sunlight to form ozone. Ozone, also known as “smog,” is a lung irritant and harms people with asthma or other respiratory diseases, older adults, children and other vulnerable people. It can drive kids and sensitive adults inside on hot sunny summer days  and put outdoor workers at risk.

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