The Center for Biological Diversity filed a federal lawsuit Monday against the U.S. Environmental Protection Agency (EPA), accusing the agency of failing to protect endangered wildlife and plants from harmful air pollution. The lawsuit, which was filed in the D.C. Circuit Court of Appeals, challenges the EPA’s recently finalized rule on air pollution standards for nitrogen, sulfur, and soot, set to take effect on January 27, 2024.
The environmental group claims the EPA’s decision ignores the detrimental effects of these pollutants on vulnerable species, including the bay checkerspot butterfly and the Shenandoah salamander. Ryan Maher, an attorney with the Center, stated that the agency’s failure to consider these impacts could drive these endangered species to extinction.
According to the lawsuit, the EPA’s final rule, published in the Federal Register on December 27, 2023, violated the Endangered Species Act by not consulting with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service while revising air quality standards. The EPA’s new rule adjusts the sulfur dioxide standard but keeps the nitrogen oxides and particulate matter standards unchanged, despite substantial scientific evidence indicating their harmful effects on the environment.
“The science is clear that pollutants like sulfur dioxide and nitrogen oxides can cause irreversible harm to our ecosystems,” Maher explained. “This inaction from the EPA is particularly concerning when it comes to species like the bay checkerspot butterfly, which has already been listed as endangered due to habitat degradation and climate change.”
The bay checkerspot butterfly, which resides in California’s Santa Clara County and other nearby areas, is severely threatened by habitat degradation and the deposition of nitrogen from car exhaust. Nitrogen pollution, caused primarily by vehicle emissions, exacerbates invasive plant species growth and disrupts the butterfly’s native habitat. The Shenandoah salamander, which inhabits the Shenandoah National Park, is also suffering from acid deposition caused by sulfur pollutants, which have altered soil conditions and degraded its habitat.
The Center for Biological Diversity argues that the EPA’s failure to properly address these pollutants and consult relevant wildlife agencies is a direct violation of the Endangered Species Act. The group also believes that the agency’s decision to retain outdated standards for nitrogen and soot pollution contradicts current scientific understanding of their environmental harm.
The lawsuit comes at a pivotal moment for the EPA, as the agency faces a leadership transition. Former administrator Michael Regan stepped down at the end of 2023, and Jane Nishida, previously acting deputy administrator, has taken over as acting administrator. However, with the incoming administration of President-elect Donald Trump, Lee Zeldin, Trump’s pick for EPA Administrator, is expected to shift the agency’s focus.
Zeldin, a former Republican congressman from New York, has made it clear that he intends to roll back regulations that restrict carbon emissions from fossil fuels, which were a cornerstone of President Joe Biden’s climate agenda. Zeldin’s stance on environmental issues has raised concerns among environmental advocates, but he has assured the public that his approach will balance economic growth with environmental protection.
“We will restore U.S. energy dominance, revitalize our auto industry, and make America a leader in AI, all while protecting access to clean air and water,” Zeldin stated in a post on social media.
While the future of U.S. environmental policy remains uncertain, this lawsuit underscores the tension between environmental protection efforts and the political landscape shaping the nation’s regulatory framework.
The Center for Biological Diversity’s lawsuit shines a spotlight on the ongoing challenge of balancing air quality standards with the protection of wildlife. As pollution continues to harm endangered species and disrupt ecosystems, environmental groups are calling on the EPA to revisit its air quality standards with a focus on safeguarding biodiversity.
“The EPA’s failure to protect endangered species from pollution undermines the agency’s core mission,” said Maher. “By disregarding the scientific evidence and the mandates of the Endangered Species Act, the agency is not only endangering wildlife but also failing to ensure a healthy environment for future generations.”
As the legal process unfolds, environmental advocates will continue to monitor how the EPA addresses the intersection of air quality standards and endangered species protection, especially as new leadership takes charge at the agency.
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