New Hampshire Attorney General Kelly Ayotte and Department of Environmental Services (DES) Commissioner Thomas Burack announced that New Hampshire has sued the U.S. Environmental Protection Agency (EPA) for failing to strengthen air quality standards that could save thousands of lives every year. Twelve other states, the District of Columbia and the South Coast Air Quality Management District jointly filed the suit in the U.S. Court of Appeals for the District of Columbia Circuit today.

The lawsuit asks the Court to review EPA’s refusal to strengthen a health-based air quality standard for small particle pollution, as required under the federal Clean Air Act. That law requires EPA to periodically revise the standards as needed to protect public health. The scientific community, including EPA’s own Clean Air Scientific Advisory Committee, recommended that EPA reduce allowable annual concentrations by up to 14% as a result of recent health studies. EPA rejected that recommendation and decided to retain the existing standard, prompting criticism from its own advisory committee.

The particles are smaller than soot and can lodge deep within the lung, causing health problems and, in some cases, death. Children and people with lung conditions are particularly susceptible. Most of the small particles that pollute New Hampshire’s air are transported from coal-burning power plants located upwind in Midwestern states. Motor vehicles are also responsible for a significant portion of New Hampshire’s small particle pollution. The EPA standard limits allowable concentrations in the air.

Attorney General Ayotte commented: “Congress has already directed EPA to set precautionary air standards to protect our citizens, especially our children, from potentially serious health consequences. EPA has not followed the clean air law. My office will work in conjunction with DES and other concerned states to ensure that EPA takes appropriate action.”

DES Commissioner Burack added “While it is important to balance public health needs with the cost of progress, good science must drive governmental decisions when it comes to protecting health. It is troubling that EPA appears to have disregarded the recommendations of its top scientific advisory panels. DES fully supports this legal challenge as a way to ensure that EPA does not ignore its obligation to adopt health-based standards needed to protect the citizens of this state.”

For further information, please contact Maureen D. Smith, Senior Assistant Attorney General, at (603) 271-3679.

PDF: Challenge to PM NAAQS Rule/Petition for Review