Oil refineries going unchecked by EPA, group of AGs claims

John O'Brien Aug. 25, 2008, 4:16pm


WASHINGTON, D.C. (Legal Newsline) - Twelve states led by New York Attorney General Andrew Cuomo are suing the federal Environmental Protection Agency for failing to control emissions from oil refineries.

That failure, according to the suit, has had a hand in global warning. The City of New York and the District of Columbia also joined in the complaint, filed in the federal court of appeals for the D.C. Circuit.

"I am committed to using the power of my office to step in when the federal government has failed to take action on critical issues affecting New York," Cuomo said. "The EPA's repeated failure to control global warming pollution will not go unchallenged by New York State."

Other states that joined in the suit are California, Connecticut, Delaware, Massachusetts, Maine, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont and Washington.

The complaint alleges the EPA violated the Clean Air Act when it refused to issue New Source Performance Standards, which were designed to cut emissions.

The plaintiffs say the Clean Air Act specifically requires the EPA to adopt NSPS for oil refineries, power plants and other major stationary sources if the EPA determines they emit air pollution that poses a danger to public health.

On June 24, the EPA finalized new regulations for oil refineries without setting an NSPS for global warming pollution.

Cuomo is also leading a coalition of states that seeks NSPS for power plants, as well as one seeking confirmation that states can regulate emissions from automobiles.

There are no petroleum refineries in New York, but Cuomo said they pose severe threats to its environment, public health and economy.

From Legal Newsline: Reach John O'Brien by e-mail at john@legalnewsline.com.

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Organizations in this Story

New York Attorney General
99 Washington Square
Albany, NY 12205

City of New York
City Hall Park Path
New York, NY 10007

U.S. Environmental Protection Agency (EPA)
1200 Pennsylvania Ave NW
Washington, DC 20460

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