Feb. 24, 2009
The South Coast Air Quality Management District along with 17
states and cities has won a major legal victory over lax Bush Administration
standards for fine soot pollution that failed to protect public health.
The U.S. Court of Appeals for the D.C. Circuit on Tuesday decided that the
U.S. Environmental Protection Agency (EPA) under the George W. Bush
Administration did not adequately consider scientific studies of the health
effects of PM2.5, also known as fine particulate pollution or soot, when it
failed to strengthen the health standard for the pollutant.
The court ordered the EPA to reconsider its decision in light of studies,
including one conducted in Southern California, which showed that children
likely suffered lung problems when breathing air with PM2.5 levels below the
current standard. (The current federal standard for PM2.5 is 15 micrograms
per cubic meter on an annual average basis.)
“This is a victory for all 16 million residents of Southern California who
deserve to breathe clean air,” said Barry Wallerstein, AQMD’s executive
officer. “We will continue to urge EPA to consult the best available science
when it reconsiders the soot standard.”
In its decision on the case American Farm Bureau et al. v. EPA (Case No.
06-1410), the appeals court rejected industry challenges to the PM2.5 health
standard.
PM2.5 pollution comes from diesel vehicles, power plants and other sources,
and the Los Angeles Basin suffers some of the highest levels in the nation.
PM2.5 can lodge deep in the lungs and has been linked to numerous harmful
health effects, including premature death, chronic respiratory illness,
decreased lung function, cardiovascular disease and asthma. The California
Air Resources Board estimates that PM2.5 pollution is responsible for 6,200
premature deaths each year in Southern California.
Based on these impacts, AQMD as well as EPA’s own scientists and scientific
advisory committee recommended strict new standards for fine soot in 2005.
However, the Bush Administration rejected their advice and chose a weaker,
less protective standard. Today’s decision clears the path for the Obama
Administration to issue new, stronger standards.
The states, cities and other state agencies also participating with AQMD in
the challenge that led to today’s victory are: California, Connecticut,
Delaware, Illinois, Maine, New Hampshire, New Jersey, New Mexico, New York,
Oregon, the Pennsylvania Department of Environmental Protection, Rhode
Island, Vermont and the District of Columbia. The States of Arizona,
Maryland and Massachusetts also joined as friends of the court.
AQMD is the air pollution control agency for Orange County and major
portions of Los Angeles, San Bernardino and Riverside counties.
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