The Canary Report

Court overturns Bush-era air pollution standard

Posted on Feb 28, 2009 by Susie Collins in Blog, Environment

A federal appeals court last Tuesday ruled that Bush-era clean air standards were insufficient, sending them back to the U.S. Environmental Protection Agency to be rewritten in a way that will better protect public health.

The court said the Bush EPA acted illegally in issuing weak air pollution standards for fine soot.

A coalition of 18 states and cities, led by the State of New York, claimed a major victory in their challenge of the Bush standards for fine soot pollution that New York Attorney General Andrew Cuomo (at left) said wholly failed to protect public health, particularly for children, elderly people and other vulnerable populations.

“In an epic victory for New York State and the entire country, my office has ensured that politics don’t come in the way of public health and environmental protection,” said Cuomo.

“The EPA is charged with protecting the environment, yet the Bush administration had misconstrued the purpose of this agency, using it as a tool to facilitate pollution instead of combating it. As a result of this victory, millions of New York residents will have a chance to breathe easier. My office will work with the new Obama administration to make sure that new more protective soot standards are issued quickly.”

Earthjustice, an environmental law firm, filed a separate lawsuit on behalf of the American Lung Association, Environmental Defense Fund, and National Parks Conservation Association. The two suits were consolidated by the federal Court of Appeals for the D.C. Circuit, which issued a decision on them both.

The Bush administration had rejected recommendations by its science advisors for stronger airborne particulate standards, and the court ruled that this action was arbitrary. The standards at issue limit levels of soot, smoke, and other airborne particles linked to tens of thousands of premature deaths each year.

“This is a huge victory for anyone who breathes,” said Earthjustice attorney Paul Cort. “Particulate matter is one of the most deadly forms of pollution out there today. The Bush EPA refused to follow the advice of leading health advocates as well as its own scientists who argued that a stronger standard was needed to protect public health. Today’s ruling corrects that injustice.”

Link to full report at Environmental News Service.

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Tags: Air, Children's Health, Environment, Toxic