Detroit, MI
EPA wrongly found Detroit area safe for smog, judge rules in split decision
The U.S. Environmental Protection Agency was wrong to determine Michigan met federal health and environmental standards for ozone pollution or smog in the Detroit area in 2023, a federal appeals court judge has ruled.
U.S. 6th Circuit Court of Appeals Judge Helene White on Dec. 5 issued a split decision in a case about how environmental regulators measured Detroit air quality in 2022, when wildfire smoke drifted over Detroit and affected the air quality monitor readings for a few days in June.
Michigan considered those days “exceptional events” because of the wildfire smoke and didn’t include the high ozone pollution readings in its calculation to the EPA.
With those days tossed, the state was able to argue in 2023 that Michigan met federal air quality standards for ground-level ozone pollution. The seven-county Metro Detroit region had previously been out of compliance with the ozone standards.
The Sierra Club sued, arguing the wildfire smoke did not meaningfully change ozone readings and that the Michigan Department of Environment, Great Lakes and Energy failed to analyze how local pollution sources contributed to the ozone levels on those days. The environmental advocacy group also challenged the EPA’s finding that the region met federal standards for ozone pollution.
White determined the exceptional events designation was appropriate, siding against the Sierra Club in deciding the EPA and EGLE correctly analyzed the smoke’s impact on ozone readings in June 2022.
She sided against EPA in deciding the EPA was wrong to put Michigan back into attainment for ground-level ozone without Michigan adopting control measures that would cut volatile organic compounds, which contribute to ozone pollution.
EPA determined the Detroit area was out of attainment for ground-level ozone on April 13, 2022. Michigan regulators did not impose control technologies for ozone-causing pollutants by the deadline in early 2023. Instead, they asked EPA to redesignate the area as in attainment with the air quality rules.
Michigan was obligated to implement control technologies even though it had submitted a redesignation request, White said in her order. Control technologies include efforts to reduce volatile organic compounds from being released from manufacturing plants and industrial sources, according to EPA documents.
Sierra Club member and Detroit environmental justice activist Dolores Leonard cheered the outcome of the case.
“Without this victory, EPA’s decisions would have let Michigan avoid the rules needed to reduce pollution and keep the air we breathe safe,” Leonard said. “At a time when asthma rates are rising in Detroit, especially in Black communities, that’s unacceptable. With the backing of this federal court decision, our community will continue to push the state of Michigan to take much-needed action to relieve ozone pollution in this area.”
The Clean Air Act requires those pollution control measures to be implemented even after the EPA puts an area back into attainment to ensure the air quality remains healthy, said Nick Leonard, executive director of Great Lakes Environmental Law Center, which argued the Sierra Club’s case.
White’s order means the EGLE will have to reapply for the attainment of the ozone standard, Leonard said.
“At the very least, I would say they have to correct the legal deficiency, which was that they didn’t enact the pollution control rules that are typically required for areas that are in non-attainment for this long,” he said.
The EPA is reviewing the decision, its press office said. The office did not respond to a question about whether it would ask Michigan to adopt volatile organic compound control measures as a result of White’s decision.
The EGLE also is reviewing the ruling, spokesman Dale George said.
“While EGLE was not a party to the case and is not able to speak in detail about the legal outcome, we were encouraged that the court supported the use of exceptional events demonstrations and acknowledged the sound science behind EGLE’s determination that the Detroit area met the health-based ozone standard,” George said.
Leonard said he was disappointed but not surprised that White ruled against the Sierra Club’s arguments that EGLE and the EPA did not correctly account for wildfire smoke’s impact on ozone readings in 2022.
That issue is going to plague communities as climate change causes northern wildfires to become more common and kick smoke into Michigan, he predicted.
“If we start to essentially cut out bad air quality days because of the claim they were partially influenced by wildfire smoke … , you create this disconnect between the regulatory systems that are meant to protect people and the actual air pollution that people are breathing,” Leonard said.
ckthompson@detroitnews.com
DETROIT — Former Detroit Tigers starting pitcher Michael Lorenzen has signed a one-year, $8 million contract with the Colorado Rockies.
It’s the first signing of the offseason for the Rockies under new president Paul DePodesta. The deal includes a $9 million club option for 2027.
It’s the fifth straight winter that Lorenzen has signed a one-year deal following a seven-season tenure with the Cincinnati Reds.
Lorenzen, who turned 34 this week, signed a free-agent deal with the Tigers before the 2023 season. He made 18 starts and was selected for his first appearance in the All-Star Game before being dealt to the Philadelphia Phillies at the trade deadline for infield prospect Hao-Yu Lee.
After a strong start with his new team that included a no-hitter, Lorenzen was moved to the bullpen and pitched sparingly in the postseason.
He found a quiet reception on the free-agent market, agreeing to a discounted one-year deal with the Texas Rangers before the 2024 season. He was traded to the Royals at the deadline and pitched well down the stretch, going 2-0 with a 1.57 ERA in 28 2/3 innings with his new team.
He re-signed with the Royals in 2025 and put together another solid season, posting a 4.64 ERA in 141 innings with 127 strikeouts and 39 walks.
Colorado is known as an unforgiving home for pitchers, and the Rockies lost a league-worst 119 games in 2025.
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The Vancouver Canucks are set for game two of their season-long six-game road trip. They will face the Detroit Red Wings on Thursday night for the second and final time this season.
Brock Boeser picked up a pair of assists in Tuesday’s game against the Buffalo Sabres, while the Canucks’ three goals came from Liam Öhgren, Jake DeBrusk, and Elias Pettersson.
Filip Hronek also had an assist in the game and played a team-high 26:20 of ice time. The 28-year-old, who will represent his home country of Czechia at this year’s Olympics, has been strong at both ends of the ice this season and holds a 59.7% control of the goal share at five-on-five this season. He has been on the ice for 34 goals scored and 23 goals against.
DeBrusk had a hat trick and four points in the game the last time these two teams met in Detroit.
Pettersson has five goals and 18 points in his 12 games against the Red Wings. He has four three-point games against them in his career and has three goals and 10 points in his six games in Detroit.
Quick Hits on the Competition
- The Red Wings come into Thursday’s game with an 8-3-1 record in their last 12 games.
- They picked up a 5-3 victory over the Ottawa Senators in their most recent outing.
- Detroit is sitting pretty with a 25-15-4 record, and are second in the Atlantic Division.
- On home ice, they posted a 14-8-1 record this season and have an 8-0-1 record in one-goal games on home ice.
- Lucas Raymond (45 points) and Alex DeBrincat (43 points) lead the offence. DeBrincat is tied with Dylan Larkin for the team lead with 22 goals this season.
- DeBrincat has scored 10 power play goals this season, and the Red Wings’ power play is tied for sixth in the league with its 24.6% conversion rate.
- Moritz Seider leads the way on the backend. He is averaging 25:12 of ice time per game and has 31 points in 44 games.
- John Gibson has made 25 starts this season, while Cam Talbot has 19 of his own. Gibson has a 14-9-1 record while Talbot is 11-6-3.
The Story: Power Plays
Rookie defenceman Tom Willander has been getting a run on the first power play unit over the past few games. The Canucks’ 2023 first-round pick is up to two goals and 10 assists for 12 points in 32 games this season.
The Canucks have picked up four power play goals in their last three games.
Jake DeBrusk leads the team with 10, and Kiefer Sherwood sits second on the squad with six.
The team ranks 13th on the power play this season. They have scored on 20.4% of their opportunities with the man advantage.
Canucks’ Top Performers over the Last Five Games
Elias Pettersson: 3g-1a-4p
Jake DeBrusk: 2g-2a-4p
Linus Karlsson: 2g-2a-4p
Filip Hronek: 1g-3a-4p
Tom Willander: 1g-2a-3p
When and Where to Watch
Thursday’s game is at 4:00 p.m. PT, and you can watch the game on Sportsnet or listen to Brendan Batchelor’s radio call on Sportsnet 650 and the Sportsnet Radio Network.
Murder and two related charges have been filed against a Detroit man in the aftermath of an altercation that left one man dead and his brother seriously injured.
Michael Alan Harris, 42, of Detroit was arraigned Tuesday in 36th District Court of Detroit on charges of first-degree murder, felony firearm and resisting and obstructing a police officer, Wayne County Prosecutor Kym Worthy said.
The charges are related to the fatal shooting of Jalen Coats Stevens, 28, of Detroit, Worthy said. Stevens was pronounced dead at the scene of an altercation early Sunday in the 15900 block of Grand River Avenue.
During the altercation, Stevens’ brother, Glenn, was stabbed over a dozen times but survived. He has been in the hospital since. Hundreds of people gathered for a vigil hosted by the Stevens family Tuesday night outside of Chita’s Nefertiti bar. The brothers were celebrating a work promotion for Jalen Saturday night before the altercation erupted.
While it was known by Tuesday night that one person was in custody, the family asked the public and police to continue working on the investigation, as the person who had stabbed Glenn had not been located.
In the meantime, Harris is scheduled for a probable cause conference Jan. 14, and a preliminary exam is set for Jan. 21.
The above video originally aired Jan. 6.
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