California Attorney General Xavier Becerra sued the Environmental Protection Agency Tuesday for withdrawing a policy that imposed strict limits on hazardous air pollutants from factories, plants, and other types of facilities considered “major” polluters.
Under the “once-in-always-in” policy, established in 1995, major polluters failing to meet certain emission thresholds were required to meet those standards from then on, even if the facility made changes to reduce its pollution.
Under the new Trump administration policy, issued in January, facilities labeled as “major sources” of pollution may be reclassified as “area” sources when they limit their potential to emit pollution. The EPA says the “once-in-always-in” policy has discouraged facilities from implementing pollution control technology.
“Instead of prioritizing the health of hard-working Americans, EPA Administrator Scott Pruitt wants to let major polluters off the hook. That is unconscionable, and it is illegal,” said Becerra, a Democrat. “If the ‘once in, always in’ policy is rescinded, children in California and around the country – particularly those who must live near the polluting plant or factory – may grow up in an environment with tons of additional hazardous pollutants in the air they breathe. California will not allow that to happen. The EPA must be held accountable.”
Becerra, joined by the California Air Resources Board on the suit, says the EPA’s new policy contradicts requirements of the Clean Air Act and is not backed by science, but rather decided in an “arbitrary and capricious” manner.
California filed the suit in the D.C. Circuit Court of Appeals.
Seven environmental groups, including the Sierra Club and Natural Resources Defense Council, filed suit last month in the same court, arguing the EPA violated the law by not subjecting the policy change to public comment.
Becerra has sued the Trump administration repeatedly, positioning California as a leading opponent of the federal government’s environmental and immigration policies.
Most recently, he has threatened to sue the EPA over its move last week to begin scrapping former President Barack Obama’s fuel-efficiency and greenhouse gas rules for cars and light trucks.
