Energy consumption and the environment


Toxic Gas Lawsuits Against Environmental Protection Agency

Within the past couple years, several statespublic safety puts it within the jurisdiction
and organizations have filed toxic gasof the EPA under the Clean Air Act and they
lawsuits against the US Environmentalhave a responsibility to regulate it via
Protection Agency (EPA). The central argumentcleaner  burning  cars.
centers on the interpretation of the 1970
Clean Air Act, how to define and regulateThe Bush Administration and the EPA tried to
"air pollutants", and if it is theargue that carbon emissions were beyond the
responsibility  of  the  EPA  to  do  so.control of the EPA as outlined in the Clean
Air Act. The section of the Clean Air Act
The first of these lawsuits was filed back inunder debate was the wording that it is the
2005 in the D.C District Court of Appeals byresponsibility of the EPA administrator to
groups such as the Sierra Club and theset emission standards for "any air
Environmental Integrity Project. The toxicpollutant" from motor vehicles which in his
gases under question in this lawsuit were theher judgment contributes to air pollution and
harmful pollutants emitted from concentratedaffects  public  health/welfare.
animal feeding operations which include
ammonia gas, hydrogen sulfide, and fine dustThe Administrations approach for emissions
particles. The plaintiffs argue that thesewas the same as with the concentrated animal
feeding operations are not like traditionalfeeding operations: do nothing and let the
family farms of the past, but are insteadmajor auto companies work amongst themselves
very large corporate run operations whichto find a solution to the carbon dioxide
pack large numbers of animals into very smallproblem. The EPA administrator also debated
spaces.whether man made carbon dioxide emissions was
the real cause of global warming, despite
The result is the emission of these toxicexisting scientific evidence which already
gases in large quantities into thesupports this theory. This lawsuit was
environment on a yearly basis which have alldebated by lower courts trying to decide if
been linked to causing respiratory illness.the plaintiffs had legal standing, and
In its defense, the EPA claims that it isalthough the District of Columbia Circuit
working with the Bush Administration as partCourt ruled in favor of the EPA the case was
of the sweetheart deal to monitor theeventually brought before the Supreme Court.
progress of these concentrated animal feedingAccording to the Supreme Court ruling it was
operations to clean up their acts on theirdecided that the plaintiffs had a valid case,
own  over  a  number  of  years.and that under the Clean Air Act carbon
dioxide was an air pollutant of public health
This wait and see approach is what led to theconcern.
next set of toxic gas lawsuits filed against
the EPA, although this time the issue wasThe EPA is now obligated to begin limiting
emissions gas and global warming. This mosttailpipe emissions beginning with the 2009
recent lawsuit was filed towards the end ofmodel year. Part of this process will be
2006 and names California, New Hampshire,reducing the escape of toxic gases from fuel
Pennsylvania, Illinois, Maine, Massachusetts,cans by creating a tighter seal on the lids.
Rhode Island, Connecticut, New Jersey, NewAutomakers will also be restricted to the
York, Washington, Vermont, and Oregon, asamount of benzene added to gasoline to ensure
well as Baltimore, the District of Columbia,proper engine combustion. Benzene is a
and  the  Sierra  Club  as  plaintiffs.carcinogen linked to anemia and reduced blood
cell counts, and the new measures taking
The argument is whether or not carbon dioxideplace by 2011 ensure that automakers are
is considered an air pollutant leading totaking positive steps to make their vehicles
global warming, and if the EPA should bemore  environmentally  friendly.
doing more to regulate carbon dioxide
emissions. The plaintiff's case is thatIt is expected to take until 2030 for full
carbon dioxide must be considered an aircompliance on the new measures to take
pollutant since it has been scientificallyeffect, but the EPA feels that these stricter
proven to be the principal greenhouse gasstandards will lead to billions of dollars in
affecting global warming. They feel that thishealth care savings and reduced toxic gas
definition of carbon dioxide as a threat toemissions by over 300,000 tons.



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