James suing White House over smog

ALBANY — Attorney General Letitia James is once again suing the Trump administration over smog from other states that is clouding New York skies.

James’ office filed a lawsuit Thursday that follows an October ruling by the U.S. Court of Appeals for the District of Columbia Circuit that found the Environmental Protection Agency erred in issuing a regulation rejecting the need for upwind sources to cut their emissions of smog-forming pollution that blows into New York and other downwind states.

“More than two-thirds of New Yorkers regularly breathe unhealthy air, yet the Trump administration continues to ignore the smog caused by upwind air pollution,” James said. “We will not allow the federal government to trivialize the law, and minimalize the importance of clean air for millions of New Yorkers.”

On the worst air quality days this past summer, nearly 13 million New Yorkers, roughly 65% of the state’s population, were stuck breathing air with unhealthy levels of smog.

The new suit, filed in federal District Court for the Southern District of New York, argues that the D.C. circuit ruling in October means the Trump EPA is now violating a prior decision by the New York court that imposed a December 2018 deadline for the agency to comply with its statutory obligation to put plans into place to stem pollution from upwind states.

An EPA spokesman said the agency does not comment on pending litigation.