A federal appeals court late Tuesday placed a hold on a lawsuit over strict Obama-era regulations meant to control smog-forming ozone emissions.
The D.C. Circuit Court of Appeals made the decision after Trump administration attorneys asked the court on Friday to place a hold on the litigation. The EPA is deciding whether to repeal the 2015 rules.
“EPA intends to closely review the 2015 rule, and the prior positions taken by the agency with respect to the 2015 rule may not necessarily reflect its ultimate conclusions after that review is complete,” Justice Department attorneys said in a legal brief submitted to the court last week.
Both industry groups and environmentalists had sued the agency over the regulations. The industry argued that the rules are too strict, while the environmentalist said they didn’t go far enough.
The regulations reduced the ozone pollution limit from 75 parts per billion in concentration, to 70 parts per billion, which environmental groups wanted lowered to 65 ppb. Industry groups said most regions of the country have not complied with the 2008 standards of 75 ppb and the EPA should hold off on the regulation until the prior standard is met.
Environmental groups slammed the court’s action on Wednesday. “Any delay in implementing the 2015 smog standards will likely result in unnecessary asthma attacks and deaths,” Earthjustice attorney Seth Johnson said. His group represents a number of organizations that support the rule. Earthjustice had filed briefs to oppose delaying litigation.
“We will continue to fight to protect public health under the Clean Air Act and for the continued implementation of the more protective 2015 smog standards,” Johnson said.
The court’s decision came the same day that EPA Administrator Scott Pruitt initiated the start of a major regulatory audit at the agency. The effort complies with President Trump’s “Enforcing the Regulatory Reform Agenda” Executive Order.
Per Trump’s order, EPA has created a Regulatory Reform Task Force, led by the Office of Policy, which submitted a Federal Register notice soliciting public comments on EPA regulations.
“Moving forward, EPA will be listening to those directly impacted by regulations and learning ways we can work together with our state and local partners, to ensure that we can provide clean air, land, and water to Americans,” Pruitt said.
“We are supporting the restoration of America’s economy through extensive reviews of the misaligned regulatory actions from the past administration,” Pruitt said. “The previous administration abused the regulatory process to advance an ideological agenda that expanded the reach of the federal government, often dismissing the technological and economic concerns raised by the regulated community and duplicating long-standing regulations by states and localities,” he added.
The Natural Resources Defense Council, which is defending many of EPA’s regulations in court, said any review of the agency’s regulations for ozone, or anything else, would be illegal.
“Any honest review by EPA will make clear that there is no legal or scientific basis to worsen clean air safeguards for Americans,” said NRDC Clean Air Director John Walke on Wednesday. “NRDC will vigorously oppose in court any attempt by the Trump administration to sabotage Americans’ right to safe air quality.”
