September 5, 2011-by John Walke, Clean Air Director, Natural Resources Defense Council.
In the most outrageous environmental offense of the Obama administration, the president himself has intervened politically to block the Environmental Protection Agency from correcting an unprotective smog standard that the head of EPA recognizes to be scientifically and legally indefensible [pdf]. The president’s own rationale for interference defies the Clean Air Act and a unanimous Supreme Court decision, elevating unlawful considerations above public health, science and the law.
The president’s intervention is compounded by grievous legal and factual errors. The president sided with Big Oil and other polluters based on their claims about regulatory burden, notwithstanding that compliance with stronger smog standards would not have been required until 2016 anyway, and stronger safeguards will save the country money too.
Siding with an unprotective smog standard adopted by the Bush administration under equally politicized circumstances, the president has condemned EPA and his Department of Justice to defend that Bush standard in court against lawsuits by the American Lung Association, NRDC, and a dozen states, including the president’s own.After EPA Administrator Jackson has deemed that Bush standard to be “not legally defensible given the scientific evidence.” [pdf]
News coverage of the Friday Smog Massacre only scratched the surface of the deeper levels of capitulation, illegality and harmful consequences embodied in the president’s action. All to serve political interests above the health of the American people, compliance with the law, and respect for scientific integrity.
I will plumb those deeper levels in a series of posts starting with this one.
A Brief History of Lengthy Delay and Lawbreaking
Public health standards protecting all Americans against dangerous ground-level ozone or smog pollution were last set in accordance with sound science and the Clean Air Act in 1997. Then-EPA Administrator Carol Browner adopted a health standard of 0.08 parts per million. In all too familiar EPA preference for laxity, regardless of political party, that number was rounded up to 0.084 parts per million or 84 parts per billion (ppb). That 84 ppb level remains the permissible concentration of smog pollution today that federal and state officials across the country are enforcing.
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