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Toxic Gas Lawsuits Against Environmental Protection Agency

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




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