Posted by: Steven M. Taber | May 28, 2008

Coalition of States File Suit over Ozone Standards

A coalition of thirteen states, two state agencies, and the City of New York filed a Petition for Review against the Environmental Protection Agency in the U.S. Court of Appeals for the District of Columbia on May 27, 2008 (Case No. 08-1202) alleging that the newly promulgated federal ozone standards fail to protect the elderly, children and people with respiratory ailments, such as asthma. The Petitioners are New, York, California, California Air Resources Board, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, Oregon, Pennsylvania Department of Environmental Protection, Rhode Island, the District of Columbia, and the City of New York.

At the heart of the Petition is the belief that in approving the standards, the EPA ignored the advice of its own scientists who recommended more stringent rules, especially for the secondary standards. A Petition for Review is a direct challenge a regulation that has been promulgated by a federal agency. Usually, it is filed in the U.S. Court of Appeals and must be filed within sixty days of the publication of the regulation. This lawsuit is separate from the Writ of Mandamus that a group of states filed last month to enforce the ruling of the U.S Supreme Court in Massachusetts v. EPA. That lawsuit involves the establishment of regulations for greenhouse gases in general and CO2 in particular.

Also filing a petition for review is a group of environmental action groups, represented by EarthJustice. Their Petition was also filed on May 27, 2008, in the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 08-1203). Included as Petitioners are the American Lung Association, Environmental Defense Fund, Natural Resources Defense Council, National Parks Conservation Association, and the Appalachian Mountain Club.

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