Court Sides with Sierra Club and Advocates to Strike Down EPA Clean Air Designation

Decision wins stricter pollution rules in face of rising asthma rates.

DETROIT, Michigan — Detroit area residents will be able to breathe easier as Sierra Club’s latest win for clean air will result in stronger pollution standards at a time when asthma rates in the region are rising. The legal victory [link to opinion] comes after the Sierra Club and the Great Lakes Environmental Law Center sued EPA in 2023, challenging two EPA rulemakings under the Clean Air Act that allowed Michigan to move the Detroit area from “nonattainment” with ground-level ozone standards to “attainment” — a label that allowed the state to avoid stricter air regulations and more robust permitting for new sources of pollution. The Detroit area has long suffered from bad air days caused by high ozone pollution levels, along with disproportionate levels of asthma and other health harms associated with ground-level ozone.

“Without this victory, EPA’s decisions would have let Michigan avoid the rules needed to reduce pollution and keep the air we breathe safe. At a time when asthma rates are rising in Detroit, especially in Black communities, that’s unacceptable. With the backing of this federal court decision, our community will continue to push the state of Michigan to take much-needed action to relieve ozone pollution in this area,” said Dr. Dolores Leonard, Sierra Club member and longtime advocate for Detroit environmental justice causes. 

The United States Court of Appeals for the Sixth Circuit agreed with Sierra Club that EPA acted unlawfully, and struck down EPA’s decision that the area could be redesignated to attainment. As a result, stricter air rules for sources of ozone precursor pollution will need to be put in place for the area, and stricter permitting rules will apply for new major sources of air pollution seeking to locate in the area. The Court left in place another finding by EPA that allows Michigan to avoid some of the Clean Air Act’s other nonattainment requirements.

Elena Saxonhouse, Managing Attorney, Sierra Club Environmental Law Program and counsel in the litigation said, “The decision puts Southeastern Michigan back on a path towards cleaner air and better health outcomes. It also closes an EPA-created Clean Air Act loophole, which made it easier for states to avoid the stricter requirements that come into play each time an ozone nonattainment area misses a deadline to attain federal health standards.”

Nick Leonard, Executive Director, Great Lakes Environmental Law Center and counsel in the litigation said, “This ruling holds Michigan and EPA accountable for their failure to follow the Clean Air Act and take action to lower ozone pollution in Southeast Michigan. For nearly a decade, ozone pollution in Detroit has been above the air quality standard. Many residents impacted by this pollution struggle with extremely high rates of asthma. This decision is an important step forward for public health in Detroit and Southeast Michigan.”

BACKGROUND

The Sierra Club is represented in the cases by its own Environmental Law Program and the Detroit-based Great Lakes Environmental Law Center. Earthjustice filed an amicus brief in support of the Sierra Club’s lawsuit on behalf of Michigan Clinicians for Climate Action and MI Air MI Health. The University of Detroit Mercy School of Law Environmental Law Clinic filed an amicus brief in support of Sierra Club’s lawsuit on behalf of the Detroit Hamtramck Coalition for Advancing Healthy Environments, the Eastside Community Network, and the Science Policy Network-Detroit.

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.