| Within the past couple years, several states | | | | public safety puts it within the jurisdiction |
| and organizations have filed toxic gas | | | | of the EPA under the Clean Air Act and they |
| lawsuits against the US Environmental | | | | have a responsibility to regulate it via |
| Protection Agency (EPA). The central argument | | | | cleaner burning cars. |
| centers on the interpretation of the 1970 | | | | |
| Clean Air Act, how to define and regulate | | | | The Bush Administration and the EPA tried to |
| "air pollutants", and if it is the | | | | argue 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 in | | | | under debate was the wording that it is the |
| 2005 in the D.C District Court of Appeals by | | | | responsibility of the EPA administrator to |
| groups such as the Sierra Club and the | | | | set emission standards for "any air |
| Environmental Integrity Project. The toxic | | | | pollutant" from motor vehicles which in his |
| gases under question in this lawsuit were the | | | | her judgment contributes to air pollution and |
| harmful pollutants emitted from concentrated | | | | affects public health/welfare. |
| animal feeding operations which include | | | | |
| ammonia gas, hydrogen sulfide, and fine dust | | | | The Administrations approach for emissions |
| particles. The plaintiffs argue that these | | | | was the same as with the concentrated animal |
| feeding operations are not like traditional | | | | feeding operations: do nothing and let the |
| family farms of the past, but are instead | | | | major auto companies work amongst themselves |
| very large corporate run operations which | | | | to find a solution to the carbon dioxide |
| pack large numbers of animals into very small | | | | problem. 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 toxic | | | | existing scientific evidence which already |
| gases in large quantities into the | | | | supports this theory. This lawsuit was |
| environment on a yearly basis which have all | | | | debated 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 is | | | | although the District of Columbia Circuit |
| working with the Bush Administration as part | | | | Court ruled in favor of the EPA the case was |
| of the sweetheart deal to monitor the | | | | eventually brought before the Supreme Court. |
| progress of these concentrated animal feeding | | | | According to the Supreme Court ruling it was |
| operations to clean up their acts on their | | | | decided 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 the | | | | concern. |
| next set of toxic gas lawsuits filed against | | | | |
| the EPA, although this time the issue was | | | | The EPA is now obligated to begin limiting |
| emissions gas and global warming. This most | | | | tailpipe emissions beginning with the 2009 |
| recent lawsuit was filed towards the end of | | | | model 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, New | | | | Automakers will also be restricted to the |
| York, Washington, Vermont, and Oregon, as | | | | amount 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 dioxide | | | | place by 2011 ensure that automakers are |
| is considered an air pollutant leading to | | | | taking positive steps to make their vehicles |
| global warming, and if the EPA should be | | | | more environmentally friendly. |
| doing more to regulate carbon dioxide | | | | |
| emissions. The plaintiff's case is that | | | | It is expected to take until 2030 for full |
| carbon dioxide must be considered an air | | | | compliance on the new measures to take |
| pollutant since it has been scientifically | | | | effect, but the EPA feels that these stricter |
| proven to be the principal greenhouse gas | | | | standards will lead to billions of dollars in |
| affecting global warming. They feel that this | | | | health care savings and reduced toxic gas |
| definition of carbon dioxide as a threat to | | | | emissions by over 300,000 tons. |