Lawsuit Seeks to Compel the Environmental Protection Agency to Enforce Air Pollution Law in Virginia

VIRGINIA - This week, a coalition of environmental organizations filed a lawsuit against the Environmental Protection Agency (EPA) because it has failed to enforce the Regional Haze Rule as required by the Clean Air Act. Virginia has yet to submit plans to reduce air pollution in our country’s most iconic national parks, like Shenandoah. The EPA amended the Regional Haze Rule in 2017, giving states until July 31, 2021, to complete their plans, which means states and owners of major polluting facilities have had ample time to prepare for compliance. 

The organizations’ lawsuit urges the EPA to fulfill its obligation under the Clean Air Act, lock in retirement dates for coal plants, and require polluters to reduce emissions to clear up haze and improve public health. Haze impacts 90 percent of our country’s national parks, and the same pollutants responsible for the widespread air pollution also harm public health, particularly in communities targeted by generations of systemic racism. Air pollution from burning fossil fuels and other sources worsens community health, drives up healthcare costs, and makes it harder for kids to learn and play and adults to work. 

The same sources of pollution harming our public lands and communities are also fueling the climate crisis, and the consequences are alarming. Climate change has increased the frequency and intensity of wildfires over natural levels across the western U.S., including at Yosemite and other national parks, raised sea level at the Statue of Liberty and other coastal parks, and is melting glaciers at Glacier Bay and Glacier.

Fortunately, certain national parks and wilderness areas, labeled “Class I” areas, have the strongest clean air protections in the country, mandated by the Clean Air Act (CAA). The Regional Haze Rule is the CAA’s time-tested, effective program that requires federal and state agencies as well as stakeholders to work together to restore clear skies in Class I areas around the country. In Virginia, those places include Shenandoah National Park and James River Face Wilderness Area.

The lawsuit was filed in the U.S. District Court and can be found here. Plaintiffs The Center for Biological Diversity, Environmental Defense Fund, National Parks Conservation Association, and Sierra Club are represented by Earthjustice. 

Statement by Ed Stierli, Mid-Atlantic Senior Regional Director for National Parks Conservation Association:

“Haze pollution is dirtying Virginia air and most of the same sources responsible for it are also fueling the climate crisis wreaking havoc on national parks like Shenandoah. The Commonwealth needs to stop dragging its feet and start prioritizing the air we breathe, and our public lands, waters, and wildlife. Virginia is one of more than 30 states who have yet to submit legally required plans to reduce haze pollution, and the EPA must hold the Commonwealth accountable. The risk of further harming our national parks and our communities is too great.”

Statement from Mary-Stuart Torbeck, Campaign Representative for Sierra Club’s Beyond Coal Campaign in Virginia: 

“The State of Virginia missed the deadline to file an implementation plan to curb pollution that impacts our national parks, so the EPA will need to implement a plan in its place. It has been proven time and again that clean air is good for business. It is clear that Virginians care about preserving and protecting their natural spaces. Now we just need the EPA to take action and bring forward a strong plan that protects the Shenandoah Valley along with other natural spaces in and around Virginia.”