Press Releases
06/27/2024
Attorney General Tong Statement on U.S. Supreme Court Decision Impacting Connecticut Air Quality and Public Health
(Hartford, CT) – Attorney General William Tong today issued a statement following the U.S. Supreme Court decision in Ohio v. EPA, temporarily staying the U.S. Environmental Protection Agency’s recent rule implementing the “Good Neighbor Provision” of the Clean Air Act to limit cross-state ozone pollution into states like Connecticut.“This disappointing decision is a serious setback for Connecticut’s air quality and public health. As Justice Barrett states in her dissent, this injunction ‘leaves large swaths of upwind States free to keep contributing significantly to their downwind neighbors’ ozone problems for the next several years.’ That’s an unacceptable outcome. But our fight is not over. While the Supreme Court has temporarily paused enforcement of the Good Neighbor Provision, we will continue to aggressively pursue our ongoing litigation. Connecticut sits at the end of our nation’s tailpipe. Without strong federal regulations and responsible actions by our upwind neighbors, we will continue to inhale smog from our country’s heaviest cross-state polluters,” said Attorney General Tong.
This case will have significant impact on Connecticut’s air quality and public health and involves the federal government’s ability to hold states accountable for cross-state air pollution. Specifically, this challenge involves the “Good Neighbor Provision” of the Clean Air Act, which requires that states submit plans for EPA approval to limit the downwind spread of smog-forming emissions. Connecticut, New Jersey, New York, Delaware, Massachusetts and the City of New York sued the EPA in 2019 over its failure to hold upwind states accountable for cross-state pollution. Connecticut and the coalition reached an agreement with the Biden Administration in 2021 that required the EPA to finalize “Good Neighbor” plans from upwind states Indiana, Kentucky, Michigan, Ohio, Texas and West Virginia. Ohio, Indiana and West Virginia then sued the EPA to block enforcement of those plans and sought an emergency stay from the U.S. Supreme Court.
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.
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