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Gov. Malloy and AG Jepsen Announce Connecticut Wins Smog Lawsuit Against Trump Administration

Federal Court Rules the EPA Must Address Smog Pollution from Upwind States

(HARTFORD, CT) – Governor Dannel P. Malloy and Attorney General George Jepsen today announced that the State of Connecticut and the State of New York won their joint lawsuit in federal court against the Trump administration’s Environmental Protection Agency (EPA) and its administrator, Scott Pruitt, over the agency’s failure to adequately control ozone pollution from other states that negatively impacts air quality in the two downwind states.

In the lawsuit, which Connecticut and New York filed in January, the states alleged that EPA failed to perform its mandatory duty to develop federal implementation plans that fully address requirements for upwind states under the Good Neighbor Provision of the federal Clean Air Act for the 2008 ozone National Ambient Air Quality Standards.

“The Clean Air Act protects the people of Connecticut from other states’ pollution and the EPA is obligated to enforce these commonsense air quality standards,” Governor Malloy said. “Today’s decision by the district court is welcomed news for the people of Connecticut. As a downwind state, our residents have suffered for too long from other states’ lax clean air standards. The EPA’s recent failure to hold upwind states accountable is not acceptable. We are grateful to have Attorney General Jepsen and his team fighting for the people of Connecticut by holding the EPA accountable and fighting to protect the air we breathe.”

“Connecticut suffers from air quality problems due to pollution sources in other states that are out of our control,” Attorney General Jepsen said. “Under the Clean Air Act, the EPA has a duty to take action when upwind states do not meet certain air quality standards and, in this case, the EPA clearly failed to do so. We are gratified by the district court’s ruling in this matter, and we will continue to work with our partners in New York to hold EPA accountable on this and other matters where it has not met its legal obligations.”

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