American Lung Association Applauds Court Action Supporting EPA Diesel Rule Next Steps Should Tackle Off-Road Vehicles

American Lung Association
Friday, 3 May 2002

The American Lung Association applauds the U.S. Court of Appeals for the District of Columbia Circuit for upholding an important public health regulation to require cleaner diesel trucks and buses and cleaner diesel fuel. By denying all industry petitions to review the Environmental Protection Agency's heavy-duty vehicle and diesel rule, starting in 2007, diesel vehicles and their fuel will be significantly cleaner and help millions of Americans, especially children with asthma, breathe easier.

Today's court ruling is a huge victory for public health. EPA estimates that annually the rule will prevent 8,300 premature deaths, more than 9,500 hospitalizations, 5,500 cases of chronic bronchitis, 17,600 cases of acute bronchitis in children and more than 1.5 million lost workdays. The rule also will prevent cancers from diesel exhaust, which EPA has found to be a likely carcinogen in humans.

But the battle for cleaner air is far from over. On May 1, the American Lung Association released its State of the Air 2002 report, a county-by- county report card showing that 142 million Americans – 75 percent of the U.S. population living in counties with ozone (smog) monitors – are exposed to unhealthy levels of ozone air pollution. The court's approval of the new diesel rule will bring us one step closer to resolving our nation's air pollution problem. A next logical step would be for EPA to clean up off-road vehicles and machinery, such as heavy construction equipment. And, Congress must resist efforts by industry to weaken the Clean Air Act.

The court's ruling was issued in National Petrochemical & Refiners Association v. USEPA, D.C. Cir. 01-1052. The American Lung Association, Environmental Defense, Sierra Club and US Public Interest Research Group were represented by Howard I. Fox, Managing Attorney of Earthjustice, as interveners in the suit. Also intervening is Natural Resources Defense Council.

The American Lung Association® has been fighting lung disease for nearly 100 years. With the generous support of the public and the help of volunteers, we have seen many advances against lung disease. However, our work is not finished. As we look forward to our second century, we will continue to strive to make breathing easier for everyone through programs of education, community service, advocacy, and research. The American Lung Association®'s activities are supported by donations to Christmas Seals® and other voluntary contributions.

For more information, or to contact American Lung Association, see their website at: www.lungusa.org