Groups sue Obama for scrapping stricter smog limit

By Dina Cappiello

Associated Press

Published: Tuesday, Oct. 11 2011 11:06 a.m. MDT

WASHINGTON — Environmental groups sued the Obama administration Tuesday for scrapping a stricter limit for smog-forming pollution, saying the decision violated the law and put politics ahead of protecting public health.

The lawsuit filed in the federal appeals court in Washington by four environmental and public health groups came after the White House last month said it would not support setting a new standard for ground-level ozone until 2013.

The Environmental Protection Agency's chief, Lisa Jackson, had said in 2009, at the recommendation of scientific advisers, that she wanted a more stringent standard to better protect public health.

But President Barack Obama, facing a re-election race in 2012 and under pressure from business groups and Republicans, rejected the final proposal. He said setting a new standard would create "needless uncertainty" at a time when the economy was struggling.

The cost of complying was estimated at between $19 billion and $90 billion a year, making it one of the most expensive environmental regulations ever and earning it a spot on a list of rules targeted by House Republicans.

The Clean Air Act prohibits the EPA from considering compliance costs when setting a public health standard.

"EPA assured us repeatedly that they were going to finalize action on that proposal to strengthen the standard," said David Baron, managing attorney for Earthjustice, which sued on behalf of the American Lung Association, Environmental Defense Fund, Appalachian Mountain Club and Natural Resources Defense Council. "Then all of a sudden, the Obama administration abruptly reversed course and said they weren't going to strengthen the standards after all."

The new standard would have replaced one set in 2008 by President George W. Bush. Public health experts, the EPA's scientific advisory panel and Obama's top environmental official have said that standard fell short of fully protecting public health.

Ground-level ozone, the main ingredient in smog, triggers asthma attacks, causes lung damage and increases the risk of dying from lung disease.

Documents released last week by the EPA show that the agency wanted to change the standard from 75 parts per billion measured over eight hours to 70 parts per billion. An advisory committee had recommended a range of 60 parts per billion to 70 parts per billion.

The White House said the final regulation was based on outdated scientific evidence. It said other regulations imposed by the EPA would reduce smog in the meantime.

The White House and EPA did not immediately return requests for comment Tuesday.

Online:

Lawsuit: http://tinyurl.com/3fwwmkr

Follow Dina Cappiello on Twitter (at)dinacappiello

Get The Deseret News Everywhere

Subscribe

Mobile

RSS