Sander Kushen, sander.kushen@sierraclub.org
FRESNO, Calif. — An environmental coalition filed a federal lawsuit today against the U.S. Environmental Protection Agency (EPA) for failing to enforce critical Clean Air Act deadlines in California's San Joaquin Valley, where residents continue to breathe some of the nation's most polluted air. The plaintiffs are the Sierra Club, Little Manila Rising and Medical Advocates for Healthy Air.
The lawsuit challenges EPA's failure to act on two key Clean Air Act obligations: one relating to fine particle pollution and the other to smog standards. The San Joaquin Valley remains the only region in the United States that hasn't met the 1997 annual standard for long-term exposure to fine particle pollution (PM2.5), which can penetrate deep into lungs and cause serious health problems. The Valley failed to meet this standard by 2015, failed again by 2020, and EPA data show that the Valley failed a third time by 2023. The Valley also suffers from extreme levels of ground-level ozone, commonly known as smog.
“After nearly three decades of breathing this polluted air, three failed clean-up plans, and three blown deadlines, the EPA's continued inaction is inexcusable,” said Gordon Nipp, Vice Chair & Legal Chair for Sierra Club’s Kern-Kaweah Chapter. “Kern County and our neighbors are breathing some of the dirtiest air in the county. We cannot afford any more delays.”
The lawsuit alleges EPA missed its June 30, 2024 deadline to formally determine whether the Valley met the 1997 PM2.5 standard, and its August 22, 2024 deadline to approve or reject the Valley's latest smog reduction plan. The EPA’s inaction prevents further action at the state level to reduce air pollution in the San Joaquin Valley.
“The Valley Air District and State Air Board agree on air pollution's danger to 'sensitive groups,' but let's be clear about who that really means - our children, our elderly, our outdoor workers and our pregnant mothers,” said Kevin D. Hamilton, RRT, ACS and co-Founder of Medical Advocates for Healthy Air. “After 40 years and at least seven failed cleanup plans, this pollution continues to cause asthma, heart disease and premature death, hitting our low-income communities and communities of color the hardest.”
“The decades-long failure to enforce Clean Air Act protections in the San Joaquin Valley is just the tip of the iceberg," said Gloria Alonso, Environmental Justice Advocacy Coordinator with Little Manila Rising based in South Stockton. “Generations of environmental justice advocates and Valley residents have struggled for clean air, only to see harmful industrial projects approved without regard for the Valley’s dangerous PM2.5 and Ozone nonattainment status. Now, medical professionals are advising families to leave the place they call home if they want a chance to improve their respiratory health. This lawsuit is our commitment to holding the EPA accountable and demanding the protections our communities deserve.”
The lawsuit seeks to compel EPA to make an immediate determination about the Valley's compliance with PM2.5 standards and to review the region's smog reduction plan. A formal finding of failure to meet standards would trigger additional pollution control requirements.
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.