Delaware Plans to Sue EPA for Upwind Air Pollution Relief

Delaware state authorities said Tuesday that they intend to sue the U.S. Environmental Protection Agency for failing to curb the upwind air pollution generated by power plants in neighboring Pennsylvania and West Virginia.

“The Clean Air Act entitles Delaware to relief from upwind pollution and the remedy we are seeking is reasonable and within EPA’s authority and responsibility to grant,” said Delaware Governor John Carney.  The governor’s statements come after four petitions to the EPA in 2016 were unsuccessful in bringing relief from the pollution.

Delaware authorities claim that about 90 percent of the smog in Delaware is caused from uncontrolled emissions in upwind states.  The carriage of air pollution from other states is cited by Delaware’s Department of Natural Resources and Environmental Controls as the reason Delaware struggles to meet federal air quality standards.

“It is now time for EPA to hold upwind sources accountable for ozone emissions that are impacting downwind states,” the department’s secretary, Shawn Garvin, said.

 

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