EPA sued by environmental groups over Trump-era smog rule

A coalition of 14 environmental groups on Thursday sued the Environmental Protection Agency (EPA) to challenge the Trump administration’s decision to not pursue tougher smog standards.

The rule finalized in late December kept the Obama-era air quality standard for ozone, the main component of smog, at 70 parts per billion (ppb). Administrations typically tighten the standards when they are updated every five years.

“The Trump administration corrupted and rushed the scientific review process of this rule as it walked out the door, just so industrial polluters can sit and do nothing for the harm they cause,” Seth Johnson, lead Earthjustice attorney on the case, said in a statement.

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“These outdated ozone standards must be corrected not just for children’s safety and public health, but also because they are critical to addressing the climate crisis.”

The Natural Resources Defense Council, Sierra Club and the Environmental Defense Fund were among the groups joining the suit. Fifteen states previously sued over the rule.

While ozone provides protection in the stratosphere, ground-level ozone can cause asthma attacks and other respiratory problems.

In finalizing the rule, the EPA said the move was part of an effort to streamline regulations.

“This decision fulfills the Trump administration’s promise to streamline the [National Ambient Air Quality Standards] review process,” now-former EPA Administrator Andrew WheelerAndrew WheelerEPA sued by environmental groups over Trump-era smog rule Environmental groups sue over federal permit for Virgin Islands refinery OVERNIGHT ENERGY: Court rules against fast-track of Trump EPA’s ‘secret science’ rule | Bureau of Land Management exodus: Agency lost 87 percent of staff in Trump HQ relocation | GM commits to electric light duty fleet by 2035 MORE said at the time.

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Since President BidenJoe BidenWashington Post economics reporter: Federal Reserve counters arguments that Biden’s COVID-19 plan is too big Marijuana legalization advocate: ‘This could be a priority for Congress’ Blinken, UN head share first call after US rejoins Climate Accords, WHO MORE took office, the EPA has hinted that it might pursue a change in direction on air quality standards.

“The agency’s new leadership is committed to moving forward to fulfill the Biden-Harris Administration’s priorities of protecting public health and the environment, tackling the climate crisis and air pollution, advancing environmental justice, restoring science, and building back better. Because this is potential litigation, EPA has no additional information to share,” an agency spokesperson said by email.

The EPA last month asked the Justice Department to seek a pause in all cases where litigants were challenging Trump-era policies, giving the new administration a chance to reverse course and pledge to issue new regulations.

Trump DOJ officials sought to block search of Giuliani records: report

The Trump Justice Department delayed a search warrant for Trump lawyer Rudy GiulianiRudy GiulianiLincoln Project drops ad mid-impeachment trial targeting Republicans over Capitol riot Fox News labels .7B Smartmatic defamation suit ‘meritless’ in motion to dismiss Documentary about ‘the rollercoaster journey’ of Four Seasons Total Landscaping ‘nearing completion’ MORE’s electronic records relating to Ukraine that had been sought by federal prosecutors in Manhattan, according to a report by The New York Times.

Prosecutors were seeking the records in late 2020 as part of a probe into whether Giuliani illegally lobbied the White House on behalf of Ukrainians who sought damaging information on then-presidential candidate Joe BidenJoe BidenFormer Republican officials in talks to form center-right anti-Trump party: report Biden raises concerns with Xi in first call with Chinese leader as president Castro: Trump further incited the mob ‘against his own vice president’ MORE.

The Times reports that when they reached out to senior Justice officials in Washington, a necessary step in obtaining the communications, senior officials at Justice were concerned such action would be too close to the election.

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The Justice Department typically seeks to avoid investigations steeped in politics close to an election. In 2016, then-FBI Director James Coney announced he was effectively reopening an investigation related to Hillary ClintonHillary Diane Rodham ClintonHillary Clinton: Trump acquittal ‘will be because the jury includes his co-conspirators’ On The Money: House panel advances measure expanding unemployment benefits in relief package | Powell says more aid needed for full recovery Biden nominee Neera Tanden recalls past discrimination MORE‘s emails as secretary of State just weeks before Election Day. Clinton, at the time the Democratic presidential nominee, has continued to blame Coney for her loss to former President TrumpDonald TrumpHillary Clinton: Trump acquittal ‘will be because the jury includes his co-conspirators’ Former Republican officials in talks to form center-right anti-Trump party: report Gaetz hits back at Kinzinger PAC targeting ‘Trumpism’ MORE

The New York prosecutors sought the warrant again after the 2020 election, but Trump political appointees again did not sign off on the warrant, citing the fact that Giuliani and Trump were still seeking to overturn the election results in multiple states.

The Times reported that career officials at the Justice Department were largely ready to sign off on the records.

Th blocking led to widespread frustration among the prosecutors, who were skeptical every politically sensitive investigation was being handled the same way after the election. Career Justice Department officials also felt there was enough reason to believe they would uncover evidence of a crime to obtain the warrant, according to the Times.

Senior officials ultimately decided to delay making a decision on the subpoena until after Biden was sworn-in as president. It is unknown whether the prosecutors have since obtained a warrant.

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The investigation specifically involves Ukrainian oligarch Dmitry Firtash, who is currently under indictment in the U.S. People with knowledge of the situation told the Times that Firtash hired two attorneys with ties to Giuliani to lobby the Justice Department to avoid extraditing him, while Giuliani sought information on Biden and his son Hunter from Firtash.

Giuliani has not been directly accused of wrongdoing and brushed off reports Trump was considering pardoning him preemptively. However, as Trump’s presidency drew to a close he asked associates whether he should lobby for one, according to the Times, citing two people with direct knowledge of the discussions.

The Hill has reached out to Giuliani for comment.

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