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States file Clean Air Act lawsuit against EPA
Breaking Legal News |
2006/12/19
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Officials from 13 states, the District of Columbia, and the South Coast Air Quality Management District filed a lawsuit Monday against the US Environmental Protection Agency "for failing to mandate lower levels of disease-causing soot in the air."
More than a dozen states sued the EPA to lower soot levels from smokestacks and exhaust pipes, a move the state officials argue would save thousands of lives.
The lawsuit alleges that the EPA is failing to protect the environment and the public health by ignoring "overwhelming scientific evidence and the advice of its own experts" when setting standards for particulate matter and that the EPA is in violation of the Clean Air Act.
The "fine particulate matter" in soot contributes to premature death, chronic respiratory disease and asthma attacks, said New York Attorney General and governor-elect Eliot Spitzer. The pollution also leads to more hospital admissions and other public health costs, he said.
The states participating in the lawsuit are California, Connecticut, Delaware, Illinois, Maine, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island and Vermont.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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