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DC District Court of Appeals Grants Trump Delay in EPA Ozone Case

April 14, 2017 at 4:32 pm

This week, the DC District Court of Appeals granted the Trump Administration’s request to delay consideration of a case challenging the EPA ozone standard of 70 ppb set during the Obama Administration.  Oral arguments had been scheduled for April 19, 2017.

In 2015, the EPA under the Obama Administration issued a new ozone standard of 70 ppb, revising the previous standard of 75 ppb set in 2008.  Industry sued the EPA, claiming the 2015 standard of 70 ppb was not supported by science.  The ATS strongly supported a more protective standard of 60 ppb.  With the election, the Trump Administration EPA is considering whether it will defend the 70 ppb, withdraw the rule or take a different policy action on ozone.  The rule still remains in place while the EPA considers its next steps.

“I am deeply disappointed the court granted the Trump Administration request to delay the ozone case,” says ATS Environmental Health Policy Committee Co Chair – Mary B. Rice MD.  “EPA’s request for a delay signals their weakening commitment to reducing dangerous air pollution.  Any rollback of the 2015 ozone standard, through court action or revised EPA policy, will adversely impact the health of patients I see – and patients seen by ATS members across the country.”

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