Sierra Club Files Lawsuit Against EPA to Hold Missouri Accountable for Air Pollution

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Edward Smith, edward.smith@sierraclub.org

St. Louis, MO - Late yesterday, 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. Thirty-four states have yet to submit plans to reduce air pollution in our country’s most iconic national parks and wilderness areas, and return natural visibility to these wild places. 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 big 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 Missouri Department of Natural Resources (DNR) is in the midst of a public comment period that ends May 5, 2022. DNR rejected Sierra Club’s request to extend the comment period so Missourians can have an opportunity to thoroughly engage in the process after years of delay. Missouri has at least twenty facilities that are sources for regional haze at our most iconic national parks and wilderness areas, according to the National Parks Conservation Association. 

The thirty-four states that have yet to submit a Regional Haze state implementation plan (SIP) include: AL, AK, AZ, AR, CA, CO, DE, GA, HI, ID, IL, IA, KY, LA, ME, MN, MS, MO, MT, NE, NV, NH, NM, ND, OK, OR, PA, RI, SD, UT, VT, VA, WV, WY. Sixteen states and Washington D.C. have submitted SIPs to EPA to-date.

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

Statement from Jenn DeRose, Campaign Representative for Sierra Club’s Beyond Coal Campaign in Missouri: 

“Governor Parson was given an additional three years to submit a plan, and he failed to do so. It is so disappointing the state is using its lethargic approach to its Clean Air Act obligations as leverage to provide minimal public engagement opportunities for Missourians who care about air pollution, public health, and our wilderness areas. This is another example of politicians and polluters ignoring and undervaluing those most impacted by air pollution — namely communities of color — yet again. The people of Missouri deserve to breathe freely. Justice for Missourians can begin with EPA Administrator Regan enforcing federal laws to protect people from the disproportionate impact of soot and smog that is generated by burning fossil fuels like coal, gas, and oil.” 

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of 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.