The attorneys general from Connecticut and New Jersey have joined forces to sue the U.S. Environmental Protection Agency for allegedly failing to take required steps to control cross-state air pollution.

The lawsuit maintains that without federal intervention, residents of both states can be harmed by high ozone levels. It is one of several environment-related complaints filed by Connecticut Attorney General William Tong since he took office a year ago. Tong has maintained the federal government, under the leadership of President Donald Trump, has not acted in the best interests of resident of the Nutmeg State.

The latest lawsuit is an example of that lack of leadership, Tong maintains. It seeks a finding that the EPA in violated the federal Clean Air Act and demands the agency work with Pennsylvania and Virginia to have those states submit Good Neighbor implementation plans, as required by federal guidelines.

Tong and New Jersey Attorney General Gurbir Grewal say residents of their states face inherent dangers from upwind air pollution.

"Breathing ozone can cause coughing, throat irritation, lung tissue damage, and can aggravate conditions such as asthma, bronchitis, heart disease, and emphysema," according to the 11-page complaint filed in the U.S. District Court for the District of Connecticut. "Exposure to ozone has also been linked to premature mortality."

The newest complaint maintains the EPA failed to insure that upwind states from Connecticut and New Jersey, such as Pennsylvania and Virginia, submit plans to comply with the "Good Neighbor" provision of the federal Clean Air Act. Failure to comply with the Good Neighbor provision has meant the two plaintiff states continue to suffer from high ozone levels caused, in part, from upwind air pollution, the lawsuit says.

The EPA declined to comment.

The Good Neighbor provision requires states to submit plans to prohibit in-state emissions of air pollutants in significant amounts.

"More than four years have passed since EPA promulgated the 2015 ozone national ambient air quality standards, on Oct. 1, 2015," The lawsuit says. "Yet, Pennsylvania and Virginia still have not submitted Good Neighbor state implementation plans."

The deadline for the EPA to find that states, like Pennsylvania and Virginia, have not filed Good Neighbor state implementation plans was April 1, 2019. But the complaint alleges the EPA has failed to ensure states file those plans.

"EPA's delay is prejudicial to state plaintiffs," the lawsuit alleges.

In a press release Tong wrote, "Connecticut has taken strong action to protect our air quality, but we are at the mercy of upwind states. We sit at the end of our nation's tailpipe, with pollution from our south and west blowing downwind into our state. We cannot control our geography, but we can take steps to compel the EPA and our neighbors to comply with federal ozone standards."

Similarly, Grewal said via press release: "Out-of-state power plants continue to operate without any regard for the ozone they're introducing to New Jersey's air and the health and safety consequences that follow for our residents and children … EPA is responsible for keeping us safe from this kind of harm, but the agency has fallen down on the job."

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