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Baton Rouge August 30, 2001 - The people win a major victory for clean air and the rule of law. On Wednesday U.S. Magistrate Judge Docia Dalby issued her report in a Federal court case brought by the Louisiana Environmental Action Network against the EPA. The Judge stated that the EPA must follow the Clean Air Act, something the EPA and Louisiana's Department of Environmental Quality (DEQ) have been refusing to do. The EPA's only argument in the case was that they didn't need to follow the Clean Air Act because they had a better idea. Judge Dalby ruled Wednesday that the U.S. Environmental Protection Agency (EPA) must formally determine whether the Baton Rouge area has failed to meet federal ozone and air quality standards. In 1999, EPA notified local officials that Baton Rouge would be moved from the ozone air quality category of "serious" to "severe" because of the number of ozone exceedances. Since then, EPA has taken no action to bring Baton Rouge's air quality into compliance. Instead, EPA gave local officials two extensions to submit a plan detailing how the area would come in compliance. The most recent extension was granted in May, giving Baton Rouge until December to file its plan. A move to the "severe" category would require Baton Rouge take certain measures to guarantee improved air quality. "Industry has been delaying clean air," Orr said. "They were talking about having a plan for August 31st and now it's December. Their plans don't have any credibility - they are just plans and drafts with no commitment to do anything. And remember, they've already had more than a year-and-a-half and they're still planning? Yes, it's true that EPA requires a plan, but because of this ruling there are certain toxic air emissions reductions that will now be required." Adam Babich, director of the Tulane Environmental Law Clinic, which represents LEAN, said the 1990 Clean Air Act specifically states certain measures must be taken when a city fails to meet air standards. He said the federal law allows EPA no discretion when it comes to enforcing the law. "It's a victory for the rule of law," Babich said of the ruling. "What the magistrate judge is saying is that the EPA can't violate the law that Congress passed and that's what EPA has been doing. This ruling puts us on the road to cleaner air in the Baton rouge area through the implementation of concrete steps that Congress determined are necessary to attain the desired air quality standard." Orr said air pollution has a profound economic impact in Louisiana. "Sometimes polluting industries act as though clean air is a self indulgence," Orr said. "Poor air quality hurts our health, drives down our quality of life and has a negative impact on the local economy." Orr said there's only one way to improve air quality in Baton Rouge. "The numbers don't lie," Orr said. "Polluting companies know that the only way for Baton Rouge to come into compliance is for them to reduce emissions and that's why they are fighting this. Our air pollution problem is not due to cars, trees or lawnmowers. It's pollution from industry that's our major problem yet the EPA and DEQ have been refusing to follow the laws that are designed to resolve this problem." Orr pointed out that industry has refused to acknowledged its part in Baton Rouge's poor air quality. Instead, she said, industry representatives have chosen to use misinformation and scare tactics concerning the requirements of the Clean Air Act. Industries have been incorrectly stating that Baton Rouge area citizens they will have to pay drastically higher prices for blended gasoline if Baton Rouge is moved to the "severe" category. Orr said the EPA could waive the blended gasoline requirement. "LEAN has already notified the EPA that our technical experts do not believe blended gasoline would make any difference in air quality." -30- Back to Air Projects page.
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