Six AGs Sue Trump Administration Over EPA’s “Unlawful” Decision to Close Out Interstate Smog Regulations

Washington, D.C. — New York Attorney General Letitia James led a multi-state coalition of six attorneys general in filing a lawsuit yesterday challenging a Trump administration decision to take no further action to control emissions of ground level ozone pollution from sources in upwind states until 2023 at the earliest. The coalition is suing the administration for violating the Clean Air Act’s “Good Neighbor” provision, which requires the Environmental Protection Agency to establish regulations preventing emission sources in upwind states from hindering downwind states’ abilities to meet federal air quality standards for ground level ozone pollution, or smog.

“Over two-thirds of New Yorkers regularly breathe unhealthy air due to smog pollution,” said Attorney General Letitia James. “Yet, Trump’s EPA is ignoring the Clean Air Act and refuses to require reductions in the pollution largely responsible for this serious public health risk. My office will stand firm for the quality of air in our state by forcing Trump’s EPA to follow the law and to ensure New Yorkers’ legal right to clean air.”

In their lawsuit, the coalition is asking the court to vacate an EPA rule finalized by the Trump administration in December 2018 that “closes-out” the prospect of additional emissions restrictions on ozone pollution from power plants in upwind states. Emissions restrictions were finalized by the Obama administration just two years prior in an October 2016 update to the EPA’s Cross-State Air Pollution Rule (CSAPR). The EPA’s 2016 update found that emissions from power plants in upwind states were preventing downwind states like New York and its fellow litigants from attaining 2008 National Ambient Air Quality Standards for ozone pollution. At the time of its update, the Obama-EPA also concluded that its new restrictions were insufficient to fully address the problem faced by downwind states.

In its December 2018 rule, the Trump-EPA now asserts that new “information and analysis” suggests that compliance with 2008 ozone standards may be achieved in downwind states by 2023 without requiring further reductions in nitrogen oxide (NOx) pollution. The coalition of attorneys general, joined by the City of New York, contends that the Trump administration’s sudden reversal is an “arbitrary and capricious” action that violates the Clean Air Act.

“Once again, the Trump administration is relying on technically flawed and incomplete analysis to disregard its obligations under the Clean Air Act and is failing to ensure clean and healthy air for the residents of downwind states,” said David J. Hayes, Executive Director for the State Energy & Environmental Impact Center. “This coalition of attorneys general has actively opposed the Trump administration’s repeated attempts to shirk its legal responsibility to protect the public from dangerous levels of ozone pollution, and they are standing on very firm legal ground in this case.”

In addition to Attorney General James, state attorneys general from Connecticut, Delaware, Maryland, Massachusetts, and New Jersey also joined the coalition.

###

About the State Energy & Environmental Impact Center:
The State Energy & Environmental Impact Center at NYU School of Law is a nonpartisan academic center at NYU School of Law. The Center is dedicated to working towards a healthy and safe environment, guided by inclusive and equitable principles. The Center studies and supports the work of state attorneys general (AGs) in defending, enforcing, and promoting strong laws and policies in the areas of climate, environmental justice, environmental protection, and clean energy.