An ELI Member Seminar
After years of delay punctuated by litigation and political maneuvering, the US EPA on October 1 issued revised national ambient air quality standards for ground level ozone. Last set at 75 ppb in 2008, the new standard of 70 ppb has already elicited promises of legal challenges from industry and environmental advocates.
High levels of ozone, a key ingredient in smog formation, are linked to respiratory illness, especially among children and the elderly. In its proposal to revise the limit, EPA decided a standard between 65-70 ppb would provide the ample margin of safety required under the Clean Air Act. Environmental and public health advocates succeeded in obtaining a court order setting the October 1 deadline, but many have already expressed disappointment that the new standard does not go far enough to adequately protect public health. Industry groups, on the other hand, have decried the rule as unnecessary and claim it will cripple the economy in any place deemed out of compliance with the new standard.
Our panel was comprised of attorneys who worked on promulgating the rule or advocated for clients during its development. Participants heard their reactions to the agency’s decision as they discussed ramifications of the new standard and fielded questions from the audience.
Panelists:
Jenny L. Howard, Deputy General Counsel, Tennessee Department of Environment and Conservation (moderator)
Cindy Langworthy, Counsel, Hunton & Williams LLP
Lorie Schmidt, Associate General Counsel, U.S. EPA Office of General Counsel
John D. Walke, Director, Climate & Clean Air Program, Natural Resources Defense Council
Materials:
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