Maryland sues EPA over pollution generated in other states

June 21st, 2018 by Dakota Software Staff

The state of Maryland received a resolution to a lawsuit against the U.S. Environmental Protection Agency in 2017, with the suit centering on what the Chesapeake Bay State called a failure to address issues with pollution generated by other states. The Associated Press reported Maryland brought a petition to the federal environmental safety regulator that asked it to enforce pollution reductions in five states where power plant emissions can drift into its borders.

Lack of action spurs lawsuit against EPA

"A judge forced the EPA to address Maryland's concerns by Sept. 15."

The decision to bring the case against the EPA seems to have paid off for Maryland's state government, at least in the short term. The AP said the federal judge presiding over the case ruled that the federal watchdog agency must respond to the petition with a final action no later than Sept. 15. That gives the EPA about three months to review the claim that emissions from power generating processes in Pennsylvania, Ohio, West Virginia, Kentucky and Indiana violate a clause of the Clean Air Act. The relevant portion of that law focuses on emissions from nearby states causing problems for their neighbors in terms of meeting ambient air quality standards.

Although the EPA has taken several steps to weaken the CAA and appears to want to fully roll back the law, it remains on the books. Maryland's decision to pursue action on the "Good Neighbor" section of the act forces the federal agency to take action in some form, although it could use the three-month period to find a technicality or other, more substantial strategy that will help it avoid enforcing the rules of the CAA.

The Baltimore Sun said smog is a significant problem in and around the Maryland area - stretching into Washington D.C. - and state officials believe pollution generated in other states significantly contributes to ongoing problems. Issues with smog are especially notable on hot days, when the temperature and pollution combine to increase ground-level ozone and cause negative health outcomes for local residents. The state wants power plants in upwind states to reduce activity during times when temperatures rise and smog is both most visible and can cause the most significant problems. For its part, the EPA has previously said Maryland did not have proof that pollution from other states met specific standards to violate the good neighbor rule.

The outcome of the EPA's final decision is far from assured, and could go in any number of directions. However, a ruling in favor of Maryland would have major impacts on power plants in five states and could set precedent for similar decisions in the future.