In early March, the U.S. District Court for the District of Arizona approved a settlement and consent decree in the Center’s lawsuit against the U.S. Environmental Protection Agency (EPA) over its failure to act on harmful particulate air pollution in West Pinal County. As a result, the State must now submit a plan that contains the “best available control measures” to bring the county into compliance.
The settlement and consent decree fully resolved the lawsuit in favor of the Center’s client, Sierra Club. The Center filed suit in April 2020 because the EPA has violated the Clean Air Act for years by failing to approve or disapprove Arizona’s plan to address a dangerous type of particulate air pollution known as “PM10” in West Pinal County and by failing to determine that the area exceeds national air quality standards for PM10.
Particulate air pollution refers to a mix of tiny airborne particles that are often too small to see with the naked eye. The EPA has concluded that particles smaller than or equal to 10 micrometers in diameter, about one-seventh the width of a human hair, present the greatest threat to health. When inhaled, PM10 pollution passes through the natural filters in the nose and mouth and penetrates deep into the lungs. This can cause breathing difficulties, lung tissue damage, cancer, and even premature death. Children, the elderly, and people with respiratory diseases are particularly vulnerable to the effects of PM10 pollution.
The EPA designated West Pinal County as “nonattainment” for PM10 in 2012, and PM10 levels in the area are among the worst in the nation. The health-based standard for PM10 is 150 micrograms per cubic meter. However, multiple air quality monitors in West Pinal County violated the PM10 standard numerous times from 2016 through 2020. During that time, a monitor near the City of Maricopa recorded PM10 levels of 1,367 micrograms per cubic meter — nearly 10 times the federal standard. Another monitor in Stanfield, near Casa Grande, recorded PM10 levels of 1,100 micrograms per cubic meter, or seven times the federal standard. Other monitors also regularly record high levels of PM10. Most of the exceeding monitors are located in neighborhoods.
In response to a pre-lawsuit letter from the Center, the EPA determined that West Pinal County failed to attain the PM10 standard by the relevant deadline of December 31, 2018. This means West Pinal County has been reclassified from a “moderate” to a “serious” nonattainment area for PM10. Pursuant to the consent decree requirements, the EPA has also proposed to disapprove most portions of an earlier air quality plan submitted by the State of Arizona that purported to address West Pinal County’s PM10 pollution but failed to adequately do so.
Court Approves Settlement of Center’s Lawsuit Against EPA to Address Particulate Air Pollution
Posted: March 12, 2021 by Center Staff Leave a Comment
In early March, the U.S. District Court for the District of Arizona approved a settlement and consent decree in the Center’s lawsuit against the U.S. Environmental Protection Agency (EPA) over its failure to act on harmful particulate air pollution in West Pinal County. As a result, the State must now submit a plan that contains the “best available control measures” to bring the county into compliance.
The settlement and consent decree fully resolved the lawsuit in favor of the Center’s client, Sierra Club. The Center filed suit in April 2020 because the EPA has violated the Clean Air Act for years by failing to approve or disapprove Arizona’s plan to address a dangerous type of particulate air pollution known as “PM10” in West Pinal County and by failing to determine that the area exceeds national air quality standards for PM10.
Particulate air pollution refers to a mix of tiny airborne particles that are often too small to see with the naked eye. The EPA has concluded that particles smaller than or equal to 10 micrometers in diameter, about one-seventh the width of a human hair, present the greatest threat to health. When inhaled, PM10 pollution passes through the natural filters in the nose and mouth and penetrates deep into the lungs. This can cause breathing difficulties, lung tissue damage, cancer, and even premature death. Children, the elderly, and people with respiratory diseases are particularly vulnerable to the effects of PM10 pollution.
The EPA designated West Pinal County as “nonattainment” for PM10 in 2012, and PM10 levels in the area are among the worst in the nation. The health-based standard for PM10 is 150 micrograms per cubic meter. However, multiple air quality monitors in West Pinal County violated the PM10 standard numerous times from 2016 through 2020. During that time, a monitor near the City of Maricopa recorded PM10 levels of 1,367 micrograms per cubic meter — nearly 10 times the federal standard. Another monitor in Stanfield, near Casa Grande, recorded PM10 levels of 1,100 micrograms per cubic meter, or seven times the federal standard. Other monitors also regularly record high levels of PM10. Most of the exceeding monitors are located in neighborhoods.
In response to a pre-lawsuit letter from the Center, the EPA determined that West Pinal County failed to attain the PM10 standard by the relevant deadline of December 31, 2018. This means West Pinal County has been reclassified from a “moderate” to a “serious” nonattainment area for PM10. Pursuant to the consent decree requirements, the EPA has also proposed to disapprove most portions of an earlier air quality plan submitted by the State of Arizona that purported to address West Pinal County’s PM10 pollution but failed to adequately do so.
ACLPI Obtains Settlement to Improve Services for Arizona’s Children in Foster Care
Posted: February 18, 2021 by Center Staff Leave a Comment
After six years of fighting on behalf of Arizona’s children in foster care, a federal judge granted final approval of a class-action settlement that will improve the lives of Arizona’s foster children. The settlement requires significant improvements in care and services for the 13,500 children in Arizona’s system, as well as all future foster children.
The settlement targets four primary areas of reform:
Fulfilling the requirements of the settlement will take time, ACLPI attorney Anne Ronan told the Arizona Republic. “But the goal is not just about numbers, it’s about improving quality,” she continued.
For example, the agreement not only requires that the children receive the behavioral health services they need, but also that the services are effective.
The Center has been proud to represent the state’s foster children alongside lawyers from Perkins Coie and Children’s Rights, a New York-based advocacy group.
Find more information about the settlement here.
ACLPI Advocates for Just and Equitable Transition as Coal Plants Close
Last Updated: January 7, 2021 by Center Staff Leave a Comment
The Arizona Corporation Commission (ACC) recently voted to create a landmark process to evaluate the community and economic impacts of coal plant closures and the need for Just and Equitable Transition (JET) for communities hit hard by these closures. Part of the final determination in the rate case for Tucson Electric Power (TEP), this decision is the direct result of years of pressure from tribal and non-tribal citizens groups, including the San Juan Citizens Alliance, Tó Nizhóní Ání, Diné C.A.R.E., and Black Mesa Water Coalition, which are represented by ACLPI’s energy and environmental attorney Jennifer Anderson.
For decades, coal-burning power plants have provided a reliable economic backbone for communities across the Southwest, but as one plant closes after another, jobs, revenue and opportunities quickly evaporate — leaving few options and little hope behind. Five coal-burning power plants in northern Arizona and northwestern New Mexico surround the Navajo Nation and Hopi Tribe. Two plants have shuttered since 2019 and the remaining three’s closure dates are quickly approaching. There’s often little notice of the closure to surrounding communities who face devastating financial repercussions.
San Juan Citizens Alliance, Tó Nizhóní Ání, Diné C.A.R.E. and Black Mesa Water Coalition argue utility companies that own and operate the plants (including TEP) have a responsibility to assist affected tribes, cities, counties and towns following these economically devastating closures. Together, the groups have fought for JET plan, including intervening in rate cases filed by TEP and Arizona Public Service (APS), as well as ensuring a $144 million agreement between APS and the Navajo Nation includes all aspects of a JET plan.
ACC’s decision is a bold step toward holding utility companies accountable, following their long history of reaping profits and abandoning communities after abrupt power plant closures. Ultimately, ACC’s process could create the mechanism for crafting JET plans as our country shifts away from coal and toward a clean energy economy.
A staff attorney at ACLPI since 2018, Jennifer is an experienced energy and environmental lawyer who has spent years of her career advocating for clean air and water, renewable energy, energy efficiency and public access to government.
Read the full press release here.
The Center Wins Case on Behalf of Immigrants Excluded from CARES Housing Program
Last Updated: December 18, 2020 by Center Staff Leave a Comment
ACLPI and the William E. Morris Institute for Justice filed a lawsuit against the City of Phoenix claiming the city’s emergency housing program funded with the federal CARES Act Coronavirus Relief Fund violated federal law because it excluded certain immigrants. A federal judge ruled in favor of the plaintiffs and, according to the court order, immigrants who were previously excluded from the program can now receive funding.
The city allocated $25 million to prevent evictions and homelessness during the COVID-19 pandemic, providing rental, mortgage and utility assistance to financially impacted individuals. However, the City restricted immigrant eligibility to “qualified” immigrants, as defined in 1996’s Personal Responsibility and Work Opportunity Reconciliation Act. This limiting definition left out many groups, including DACA recipients, asylum applicants, U-Visa holders and others. The plaintiffs successfully argued the program violated the Supremacy Clause of the United States Constitution.
Many community groups are accepting applications for the program until Dec. 30.
This is the latest win in the Center’s long history of ensuring civil rights are upheld for everyone, including our society’s most vulnerable groups.
Find the press release here.
E&E News Taps Jennifer Anderson for Insights on Pinal County’s EPA Cleanup
Last Updated: December 18, 2020 by Center Staff Leave a Comment
The Center is representing the Sierra Club in a case against the EPA that says the agency has not taken adequate action in addressing West Pinal County’s dangerously high levels of particulate pollution known as “PM10.” E&E News, an energy and environmental newsletter, called on Jennifer Anderson, an experienced environmental attorney, for an update on the case.
By failing to approve or disapprove Arizona’s plan to address this pollution, the EPA is violating the Clean Air Act. Jennifer explained the EPA had yet to determine whether the state’s approach demonstrated “reasonably available control measures” (RACM) for emission sources. Everything must be addressed, Jennifer continued, and this includes RACM, the emissions inventory, the attainment demonstration, the reasonable further progress demonstration, contingency measures, modeling and emission inventory methodologies and transportation conformity. The agency is now taking public feedback on the draft settlement.
West Pinal County is one of only 10 areas in the nation listed in “serious nonattainment” with the agency’s clean air standards. The elderly, children and people with chronic respiratory diseases are considered particularly vulnerable to the issue.
Jennifer supports the Center’s work in many ways but she primarily focuses on clean air and water, renewable energy and public access to government.
Read the full article here.
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