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Sierra Club Lawsuits

Stopping Smog in its Tracks

Case Updates:

June 8, 2007

In June 2007 a panel of federal judges upheld their earlier decision to strike down the Environmental Protection Agency’s attempt to undermine air quality standards for ozone.  Marti Sinclair, chair of the Club's National Air Committee said, "Essentially the EPA attempted to weaken ozone standards using its 'interpretive discretion' or what we would call 'federal fudge factors'."  Pushing back decisively, the court ruled that "EPA's interpretation is irreconcilable with the Clean Air Act".   In December 2006, the court ruled in favor of the Sierra Club and a coalition of states, public health organizations, and other environmental groups in affirming that they agency’s scheme to weaken air protections is illegal under federal law. 

In their most recent ruling, the court denied EPA and industry groups request for a hearing of their December 2006 decision, and characterized EPA’s actions as a "glaring loophole" in clean air regulations that are intended to protect American citizens from harmful smog and ozone forming toxins.  "EPA has a responsibility to protect our health and our environment from unhealthy, polluted air," said Sinclair. "Millions of Americans breathe air with unsafe ozone levels, and they deserve stronger, not weaker protection under the law."   This ruling, brought about by a Sierra Club legal challenge, urges the EPA to live up to this responsibility and take action to deliver the American people the clean air that is long overdue.   

Read a copy of the decision here.

December 22, 2006

On December 22, 2006 a federal appeals court unanimously ruled to strike down an attempt by the U.S. Environmental Protection Agency to weaken national rules limiting smog linked to asthma attacks, increased hospitalizations, and that puts millions of Americans at risk for respiratory problems.   This Sierra Club along with a coalition of environmental and public health organizations, represented by Earthjustice, challenged the EPA’s relaxation of limits on smog-forming pollution from large power plants, factories and other sources; the weak standards proposed by EPA were incredibly damaging to human health.  "EPA has a responsibility to protect our health and our environment from dirty, polluted air," said Marti Sinclair, chairperson for Sierra Club's Air Quality Committee. "Millions of Americans breathe air with unsafe ozone levels, and they deserve stronger, not weaker protection under the law."  This ruling will force the EPA to take steps to protect human health and the environment, not industry interests. 

Details and Documents:

News Articles:

Appeals Court Tosses Out Bush Smog Rules as Too Weak
December 22, 2006 by John Heilprin (AP), San Diego Tribune