States, and Parents, Continue Front Line Work

As Reps. Waxman and Markey unveiled federal legislation today to combat carbon emissions by creating a national cap-and-trade program, states continue to pass more stringent air pollution standards. Now that the EPA and Congress have placed GHG regulation in front of other types of pollutants, states are stepping in.
On March 23rd, the New Mexico Legislature unanimously passed a bill allowing the regulating state agency to adopt ozone standards more stringent than federal standards. New Mexico, a major oil and gas producing state, has suffered from high ozone levels particularly around Bloomfield, the heart of the San Juan Basin. The bill thus gives the agency added authority to reduce emissions in those areas notorious for nonattainment. As I posted earlier, the most recent research on ozone shows high or prolonged exposure leads to increased mortality rates. Clearly, these are public health issues that now enjoy bipartisan support.
Additionally, parents of northern Indiana kids have filed a class action suit in state court against 11 companies they claim have fouled the region's air. Their suit relies on studies recently released indicating that the air pollution in East Chicago neighborhoods is among the worst in the country. (Kurth v. ArcelorMittal USA Inc., Ind. Cir. Ct., No. 450040903CT00093, 3/25/09) The question the claimants need to address is how much could the CAA preempt any tort suit. I plan to post on that question later.