Environmentalist group Earthjustice appealed to a federal court on August 8 to set an immediate deadline for strengthening standards on smog, as the federal EPA failed to meet its fourth deadline in creating standards by July 29.
Earthjustice’s request was made on behalf of the American Lung Association, Environmental Defense Fund, Natural Resources Defense Council, National Parks Conservation Association and Appalachian Mountain Club.
“Millions of Americans are being denied the health protection that doctors say they need,” said Earthjustice attorney David Baron. “The President needs to stop stalling and start protecting people’s lungs as the law requires.”
Smog pollution has become an increasingly serious issue as about 250 communities and parks in almost 40 states have experienced one or more “code orange” dangerous air days, according to data gathered by the NRDC earlier this month.
More than 2,000 “code orange” air alerts—restricting children, older adults and people with respiratory problems to go outside—occurred already this year.
California leads the group with 71 cities making the list, totaling 930 highest dangerous days during the first seven months of 2011.
Some Bay Area cities, including Livermore and Concord, recorded at least one dangerous air day.
The federal EPA estimates that stronger standards could annually save 12,000 lives, prevent tens of thousands of asthma attacks and prevent a hundred thousand lost school and work days.
The standards would essentially be raised back to 1997 standards, before the Bush administration lowered the standard in 2008.
The release of new standards has been set back by a letter written by more than 170 businesses, including the American Petroleum Institute (API), to President Obama to reconsider the release of stronger standards.
The letter’s main contention was that the newly proposed ozone standards would bring “extraordinary costs” that America’s economy couldn’t handle.
Through the letter, the groups asked Obama to “delay this discretionary, out-of-cycle ozone standard and wait until 2013 before determining whether a new standard is needed.”
“Air quality has and continues to improve under existing ozone standards—there’s no need to move the goalposts now in the middle of game,” said Howard Feldman, API director of regulatory and scientific policy, in a recent press release.
“Changing the standards now would put nearly the entire country into non-compliance and force millions more Americans out of work, but it wouldn’t make us any healthier,” stated Feldman.
Several environmental groups have responded negatively to the federal EPA’s announcement of pushing back the standard’s release.
“Once updated and implemented, protections against smog will save thousands of lives and prevent tens of thousands of asthma attacks,” said Michael Brune, executive director of the Sierra Club. “The longer the delay, the greater the risk for the millions of Americans who suffer from respiratory illnesses.”
“We urge the Obama Administration to move swiftly on this critical protection to save lives and clean up our air,” continued Brune.
The NRDC agrees with the Sierra Club, in light of their data produced earlier this month.
“The bottom line is that we have way too many days in way too many places when the air is unsafe for our kids,” said NRDC clean air director John Walke. “The EPA needs to quit stalling on tougher smog standards promised years ago and protect our children, our elderly and all of us.”
The federal EPA has given no further information as to when higher standards are to be expected, though the EPA’s website indicates that it will finalize the standard “shortly.”
There are no updates as of yet to Earthjustice’s appeal against the federal EPA.
