American Lung Association Praises Court of Appeals Decision Upholding Clean Air Standards

3/26/2002

From: Diane Maple of the American Lung Association, 202-785-3355

WASHINGTON, March 26 -- The American Lung Association hailed today's D.C. Court of Appeals decision upholding the Environmental Protection Agency's National Ambient Air Quality Standards for fine soot particles (PM2.5) and ozone (smog).

"The Court of Appeals rejected every industry challenge. It is high time that polluting industries put their money into reducing air pollution that threatens public health instead of specious lawsuits," said John L. Kirkwood, President and Chief Executive Officer of the American Lung Association. "After five years of delay due to litigation, we call on EPA to move quickly to implement these critical standards."

The American Lung Association was an intervener respondent in this case, represented by Howard I. Fox, Managing Attorney of Earthjustice.

The Court of Appeals considered challenges to the fine particle and ozone standards based on the technical adequacy of the EPA's decisions that remained after the U.S. Supreme Court rejected constitutional challenges in a decisions issued on February 27, 2001. In addressing the industry challenge that the scientific information justifying the standard is too uncertain, the Court of Appeals today stated, "The Act requires EPA to promulgate protective primary NAAQS even where, as here, the pollutant's risks cannot be quantified or 'precisely identified as to nature or degree'."

"This is a shining example that the Clean Air Act works," stated Kirkwood. "We know the American people want and expect the health benefits provided by the existing law. We now hope the Bush Administration will spend more effort enforcing the Clean Air Act instead of proposing ways to weaken it," concluded Kirkwood.

The EPA issued revised health standards for fine particulate matter and ozone in 1997. The standards reflected new health research that demonstrated the old standards were inadequate to protect public health. Industry sued EPA to challenge the standards and prevent their implementation by challenging the constitutionality of the Clean Air Act, the contours of EPA's authority to promulgate air quality standards and the lawfulness of the challenged standards.