15 states sue EPA over decision not to tighten pollution standard for smog

Fifteen states and two cities sued the Environmental Protection Agency (EPA) on Tuesday for declining to tighten air quality standards for ozone pollution, the main ingredient in smog. 

According to a statement, the states and cities argue that “the EPA conducted a flawed and unlawfully biased review” and that “the available science clearly demonstrates the need” for stronger standards. 

“We’re going to court today because of the undeniable harm that ozone pollution has on kids playing soccer near highways and parents scraping together money they don’t have to pay for asthma medication,” California Attorney General Xavier Becerra, President-elect Joe Biden’s nominee to serve as Health and Human Services Secretary, said in a statement.

Last month, the EPA finalized its decision to retain the Obama-era air quality standard of 70 parts per billion for ozone, despite calls from environmentalists to tighten them. 

At ground level, the pollutant can worsen health conditions such as bronchitis, emphysema and asthma. When the standards were first proposed during the Obama administration, an EPA analysis showed that the 60 parts per billion (ppb) ozone standards could have prevented 3,900 deaths linked to long-term exposure, while just 680 deaths would have been prevented under the 70 ppb standard. 

However, EPA Administrator Andrew Wheeler said when the rule was finalized that the standard is in line with science. 

“I looked at it just like Gina McCarthy did in 2015,” he said, referring to the EPA chief at the time, who will be climate adviser to Biden. “I think the 70 is in keeping with where the science is today.”

Several states recently filed a similar suit over the agency’s decision not to tighten soot pollution.