A federal appeals court has held that the EPA violated the Clean Air Act by letting the Washington, D.C. area delay adoption of stronger anti-smog measures. The court threw out the EPA's 2003 approval of regional smog control plans that promised to adopt overdue pollution controls in the future.

The suit was brought by Earthjustice on behalf of the Sierra Club, marking the third time in two years that a federal court has ruled that the EPA illegally delayed clean air requirements for the DC area.

At issue is the Washington, D.C. area's continued violation of federal health standards for ozone. In spring 2003, the EPA “conditionally” approved regional air pollution plans that a federal court ruled inadequate in 2002. The plans were missing various anti-smog measures required by the CAA, including stronger pollution limits for factories, annual emissions cuts and steps to offset growth in car and truck exhaust.

The EPA's conditional approval allowed the District, Maryland and Virginia to delay adoption of these measures. Earthjustice filed suit, contending that the agency's action violated the CAA. See the court's decision at www.earthjustice.org/news/documents/2-04/DC_SIP_2-3-04_Decision.pdf.