Press Releases
01/17/2020
Connecticut and New York Sue EPA over Continued Disregard of Smog Pollution
Suit Would Compel EPA to Comply with the Clean Air Act, Reduce Smog Pollution Blowing into New York From Upwind States
(Hartford, CT) – Attorney General William Tong announced New York and Connecticut have filed a new suit against the U.S. Environmental Protection Agency (EPA) for continuing to ignore its legal responsibility under the Clean Air Act to control upwind sources of pollution that create unhealthy ground-level ozone (commonly known as smog) in New York and Connecticut.
The Connecticut Office of the Attorney General is aggressively pursuing multiple legal fronts to protect our state from cross-state air pollution. This action seeks to compel EPA compliance under 2008 federal ozone standards.
"Connecticut sits at the end of our nation's tailpipe, inhaling smog from our country's heaviest polluters. So long as the EPA refuses to do its job to control this cross-state air pollution, we will be in court every step of the way to protect Connecticut air quality and public health," said Attorney General Tong.
This complaint stems directly from an earlier January 31, 2019 lawsuit, in which Connecticut and partner states challenged the EPA's 2018 Cross-State Air Pollution Rule "Close-Out." On October 1, 2019, the U.S. Court of Appeals for the District of Columbia Circuit agreed with New York, Connecticut and other downwind states that EPA erred in rejecting the need for upwind sources to cut their emissions of smog-forming pollution.
The suit filed Thursday now argues that the EPA is in violation of a previously imposed court-ordered December 6, 2018 deadline to comply with its statutory obligation to put plans into place to stem these pollution emissions. Despite court rulings, the EPA has announced no plans to comply with this statutory obligation; in fact, the Trump Administration’s regulatory agenda for the Agency fails to list any action to address interstate transport of smog pollution in the foreseeable future.
According to the Connecticut Department of Energy and Environmental Protection, more than 90 percent of ozone levels in southwest Connecticut and more than 80 percent of ozone levels in some remaining parts of the state result from pollution that originates in areas located out of Connecticut’s jurisdiction and control. Readings at Connecticut air monitoring stations consistently show that that air entering Connecticut already exceeds ozone standards on days when quality here fails to meet federal standards, subjecting several million Connecticut residents to unhealthy levels of air pollution.
Smog precursors, such as NOx emitted from power plants and other sources, can travel hundreds of miles after they are emitted. The federal Clean Air Act recognizes the regional nature of smog, and that emission sources located in multiple upwind states contribute to downwind states’ smog problems. Because downwind states cannot solve their smog problems on their own, the “Good Neighbor” provision of the Clean Air Act requires the EPA to step in and adopt plans to reduce interstate smog pollution when the actions of upwind states are not sufficient to ensure that federal smog health standards can be met and sustained in downwind states.
EPA’s obligation under the Act to adopt such plans – known as “Federal Implementation Plans” or “FIPs” – reflects the Agency’s unique position and authority, as a federal agency, to ensure that the individual efforts of multiple upwind states will be enough, in aggregate, to solve regional air pollution problems, such as smog.
Assistant Attorney General Jill Lacedonia and Assistant Attorney General Matt Levine, Head of the Environment Department, are assisting the Attorney General in this matter.
- Twitter: @AGWilliamTong
- Facebook: CT Attorney General
Media Contact:
Elizabeth Benton
elizabeth.benton@ct.gov
860-808-5324 (office)
Consumer Inquiries:
860-808-5318
attorney.general@ct.gov