Renner Barsella, renner.barsella@sierraclub.org
GRAND RAPIDS, MI - On July 10, the D.C. Circuit court ruled in favor of the Sierra Club’s lawsuit against the Environmental Protection Agency (EPA) for its decision to omit Ottawa County from the agency’s list of areas across the country that are out of attainment with health-based federal ozone (smog pollution) standards. A nonattainment designation triggers stricter rules for permitting new sources of pollution, and requires that the state come up with a plan to bring the area back into attainment. The Clean Air Act makes clear that any county with pollution contributing to monitored violations of an air standard should be designated nonattainment. Local concern about health risks is especially high because of the increase of outdoor time due to social distancing.
"Ozone pollution prevents me and my neighbors from being able to fully enjoy the beauty and pleasure of West Michigan’s outdoor spaces” said Don Munski, a Sierra Club member from Norton Shores. “I hope this court decision leads to cleaner air for the people of West Michigan!"
“Ottawa county is a beautiful and diverse community, where each individual deserves to live in healthy, safe neighborhoods with clean air and a beautiful natural environment for all to enjoy for generations to come,” said Hannah Huggett, a sophomore at Black River High School in Holland. “I am so grateful that the people of our Ottawa community are fairly and meaningfully included in this important policy to protect our human right to clean air.”
In 2018, EPA designated a 7-county ozone nonattainment area in Southeast Michigan near Detroit, as well as portions of several counties in Western Michigan (Muskegon, Allegan, and Berrien). But it failed to even consider Ottawa County’s contribution to air quality violations in the other West Michigan counties, although Ottawa is sandwiched between Muskegon and Allegan. Largely due to pollution from Consumers Energy’s J.H. Campbell coal-fired power plant, Ottawa County is also the source of more ozone precursors (NOx and VOCs) than these other counties. In the D.C. Circuit Court of Appeals, Sierra Club won the argument that by ignoring Ottawa County, EPA failed to meet the legal standard for rational decisionmaking. Computer modeling and analysis of weather patterns show that Ottawa County's pollution -- including from the Campbell plant -- is contributing to the problems in nearby counties.
The J.H. Campbell coal plant is the biggest source of air pollution and greenhouse gas emissions in West Michigan. According to the American Lung Association's State of the Air Report, Ottawa County (where the plant is located) and Kent County received an "F" grade for air pollution in 2020. The plant is also a major water polluter, as a 2018 report also showed West Olive facilities to have disposed 13,200 pounds of toxic chemicals into the water. The Campbell plant is the only reporting facility in West Olive, indicating all of that pollution came from the plant. The Campbell coal-burning power plant is also the single largest source of sulfur dioxide (SO2), carbon monoxide (CO) and fine particles (PM10 and PM2.5) in the West Michigan region. The Clean Air Task Force estimates the Campbell plant is responsible for 79 deaths, 504 asthma attacks, and 3,763 lost work days per year.
“There's nothing like summertime in Ottawa County; the stunningly beautiful natural environment and the joy of families walking, bicycling, hiking and recreating in the lake and on the beach. Better still, is to be able to live, work and play in Ottawa County -- in the summer and year round -- without breathing in dangerous air pollutants that can harm our health” said Elizabeth Crowe, a Sierra Club member who grew up in Holland and a standing witness in the case. “I support this legal decision because the more we know air pollution sources and hazards, the more we can do something about it. I hope this decision leads to cleaner air and better health protections for my family, lifelong friends and other Ottawa County community members."
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3.5 million members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.