By Emily Millar
You might have heard about America’s domination in the Summer Olympics this past week, but did you hear about another major win for the American people? Well if not here it is: on July 29 the D.C. Circuit Court of Appeals ruled in favor of the people when they declared that the weak air toxics standards implemented by the EPA are illegal. “This is a victory for every person who breathes air,” says James Pew, a lawyer for Earthjustice.
The Win
The lawsuit, which was brought by the Sierra Club along with Louisiana Environmental Action Network, Clean Air Council, Desert Citizens Against Pollution, Montanans Against Toxic Burning, Huron Environmental Activist League, Downwinders at Risk, Partnership for Policy Integrity and Environmental Integrity Project, and was represented by Earthjustice, claimed the standards for toxic air pollution from industrial boilers and incinerators were unlawfully weak and that all sources of air toxics pollution should have Title V permits where possible. Along with the victory over the EPA, the court also rejected attempts by a wide range of industrial polluters to eliminate or weaken the protections.
Wait, Back Up
This case came down to the EPA’s Industrial Boiler MACT rule. MACT stands for “maximum achievable control technology.” According to the Earthjustice press release, “Over 200,000 industrial boilers and incinerators pollute the air and endanger the public all over the country, emitting massive quantities of mercury, lead and many other toxic pollutants, yet most are essentially unregulated. Their toxic pollution is known to cause cancer, birth defects, neurological and developmental disorders, heart attacks, and death, among other documented health problems.” This court ruling will require the EPA to implement stronger protections against the toxics and regulate all polluters.
The Title V permits mentioned above are operating permits that are legally enforceable and designed to show what facilities must do to prevent air pollution and be in compliance according to the EPA website. Until now, the EPA has been able to exempt smaller polluters from having to attain these permits which are a vital resource for the public when it comes to monitoring polluters. From now on, all sources of toxic air pollution are expected to have a Title V permit, no matter how small the facility may be.
Gold Medal for Justice!
This decision is a great reminder that environmental activism is more than just hollow victories and heartbreaking defeats. The Sierra Club, along with all of the other organizations represented by EarthJustice, conquered a major adversary and just saved hundreds of thousands of Americans from potential ailments at the hands of toxic pollution. I suggest celebrating by going outdoors!