SEMCOG, Polluters Argue Against Cleaner Air in Federal Court

Metro Detroit ranked 33 worst for high ozone days out of 228 metropolitan areas

May 1, 2024

Detroit, MI- Yesterday, the Southeast Michigan Council of Governments (SEMCOG), a planning agency increasingly tasked with implementing many sustainability and climate change efforts, alleged that additional pollution reductions are not needed to address the Detroit ozone problem in an amicus brief filed with the United States Court of Appeals for the Sixth Circuit.

The SEMCOG position, submitted at the same time the American Lung Association released data giving Southeast Michigan and "F" in air quality, counters that of the Sierra Club and environmental justice advocates who are challenging the Environmental Protection Agency (EPA) and the Department of Environment, Great Lakes, and Energy (EGLE) decision that metropolitan Detroit is meeting air standards for ozone. Co-authored in partnership with the Michigan Manufacturers Association, SEMCOG's brief aligns with another brief filed yesterday by industries that benefit from pollution reduction inaction.

"The voices of the cities, villages, and townships that participate in SEMCOG are being used without much discussion to rubber-stamp a position that will help industries like Marathon Petroleum and DTE Energy avoid following more rigorous pollution standards," said Dr. Dolores Leonard, a longtime community activist in 48217."When the cumulative impact of so much pollution is already having dramatic consequences, it is simply unacceptable to take a position in favor of more smog and more asthma."

The Detroit metro ranked 33 worst for high ozone days out of 228 metropolitan areas according to the American Lung Association's latest State of the Airreport that was released last week. Additionally, Wayne and Macomb County both received an "F" for ozone in the report. The American Lung Association recommends lowering ozone from 70 to a range of 60-55 parts per billion, meaning SEMCOG's arguments not only challenge the question of Detroit meeting federal air quality limits, but also counter growing scientific evidence that existing standards inadequately protect public health.

"SEMCOG's decision to side with polluters in making this choice shows it is not living up to its stated commitment to environmental justice in its climate plan," said Andrew Sarpolis, Michigan Field Manager for the Sierra Club."To advance environmental justice, we need more than paper statements, we need a regional partner that can be tough against pollution. We call on SEMCOG to reverse its position and stand up for environmental justice communities."

In addition to making existing respiratory problems worse, the EPA says that"long-term exposure to ozone is linked to aggravation of asthma, and is likely to be one of many causes of asthma development." The asthma rate in Detroit has increased over the last few decades from 13.7% in 2005 to 16.2% in 2019, while the state average has been flat.

SEMCOG was joined in its opposition to Sierra Club's court challengeby another amicus brief from the Midwest Ozone Group.Lawyers representing American Petroleum Institute, American Chemistry Council, American Fuel and Petrochemical Manufacturers, and many other corporate trade groups also indicated an intent to file an amicus brief on those groups' behalf

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About the Sierra Club

The Sierra Club is America's largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.