Court Rejects Challenges to Clean Air Standards

March 28, 2002
The signal sent by the U.S. District Court in Washington, D.C., is as clear as we'd all like the air to be. The court rejected all remaining\r\nchallenges to the EPA's 1997 protective ambient air standards for fine particles and ground-level ozone.

The signal sent by the U.S. District Court in Washington, D.C., is as clear as we''d all like the air to be. The court rejected all remaining challenges to the Environmental Protection Agency''s (EPA) 1997 protective ambient air standards for fine particles (soot) and ground-level ozone (smog). The agency says it will move forward with programs to implement those standards and help states meet them.

The unanimous decision by the three-judge panel "is a significant victory in EPA''s ongoing efforts to protect the health of millions of Americans from the dangers of air pollution," said EPA Administrator Christie Whitman. "EPA now has a clear path to move forward to ensure that all Americans can breathe cleaner air."

The court rejected the claim that EPA acted arbitrarily in setting the national ambient air quality standards. The three-judge panel found that EPA "engaged in reasoned decision-making" in establishing levels that protect public health and the environment.

EPA is moving ahead in partnership with state and local governments to develop programs to meet the fine particle and ozone standards. At the same time, EPA is in the process of making a final decision in response to the court''s earlier directive to consider any potential beneficial health impacts from ground-level ozone, or smog.

The Clean Air Act requires EPA to review all its air standards every five years to make sure they reflect the latest and best scientific evidence. In 1997, based on thousands of new health studies, EPA toughened the standards for smog and, for the first time, set a standard specifically for fine particles equal to or smaller than 2.5 microns in diameter. Fine particles include airborne soot from sources such as diesel trucks and power plants; smog is caused by emissions from cars, power plants, chemical plants, petroleum refineries and a variety of other sources.

The American Trucking Associations, the U.S. Chamber of Commerce, the National Association of Manufacturers, other business groups and several states challenged the new standards. In February 2001, the U.S. Supreme Court upheld EPA''s authority under the Clean Air Act to set national air quality standards that protect the American public from harmful effects of air pollution. The district court decision rejected the remaining claims that EPA''s decision was arbitrary and capricious and not supported by the evidence.

The American Trucking Associations had no comment on the decision.

by Sandy Smith ([email protected])

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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