Five AGs Sued EPA over Ongoing Failure to Address Ozone Pollution

JANUARY 14, 2021

New York Attorney General Letitia James led a coalition of five attorneys general in filing a lawsuit against the Environmental Protection Agency (EPA) over the agency’s failure to comply with Clean Air Act deadlines to approve or disapprove upwind states’ plans to reduce ozone pollution. The AGs noted in their complaint that their states struggle to comply with National Ambient Air Quality Standards (NAAQS) for ozone “due in large part to the excessive amounts of ozone pollution that are emitted by sources in upwind States,” and that such states are required to submit plans to reduce their ozone emissions to the EPA “for approval or disapproval within a statutorily mandated timeframe.” The AGs emphasized that the EPA’s “failure to take immediate action” as required by the Clean Air Act will “prolong harms to the health of [their states’] residents from high ozone levels” and continue to interfere with their states’ ability to comply with NAAQS for ozone. On July 29, 2021, AG James announced that the coalition had reached an agreement with the EPA that, if approved by the court, will oblige the federal government to limit the downwind spread of emissions that cause smog, and resolve the lawsuit.