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
Longtime Detroit sports radio host and columnist Pat Caputo has been diagnosed with stage 4 pancreatic cancer, he announced Monday.
Caputo, a host on Detroit’s 97.1 The Ticket, last published a column on Nov. 7. On Monday, he explained the reason behind his absence.
“For those wondering where I’ve been: I have been diagnosed with Stage 4 pancreatic cancer, commonly referred to as a “death sentence” and had two other serious ailments which put me in ICU for several days,” Caputo wrote in a post to X. “It was sudden. I’ve literally been on my back for weeks. Bless you all.”
Caputo, 66, became a well-known personality in Detroit sports media during his time as an award-winning columnist for The Oakland Press from 1983-2020, according to the Detroit Free Press. He also was previously part of WXYT’s “Evening Sports” broadcast, and is an official voter for the Baseball Hall of Fame and college football’s Heisman Trophy award, according to his X bio.
Caputo is nicknamed “The Book” for his impressive memory retaining sports stats and information, according to FOX 2 in Detroit, where he has been a regular guest on its “Sports Works” broadcast.
Caputo’s social media announcement regarding his health drew support from fellow sports media professionals, including Brad Galli, sports director at WXYZ Detroit, and ESPN’s Dan Wetzel and Dave Pasch.
“Pat, we’re praying for [you],” Galli wrote. “Awful awful awful to read this, man. God bless you.”
“Legend. Stay strong my friend. So much support out here for you,” Wetzel posted.
“Book, praying for you my friend. So sorry to hear this,” Pasch wrote.
DETROIT (WXYZ) — Desmond Burks’ murder trial starts this week. On Monday, he attended his pre-trial hearing. Burks faces first-degree murder, felony murder and larceny charges in the death of Dr. Devon Hoover.
The prominent Detroit neurosurgeon was found dead in his attic in April 2023 after Detroit police performed a wellness check. Investigators said he had been shot twice in the head and his body was wrapped in a blood-soaked carpet.
Watch Darren Cunningham’s video report below:
Trial set to begin in Dr. Devon Hoover murder case
At the pre-trial, Judge Paul Cusick set the tone for how he expects the trial to go. It could last several weeks, according to court administration.
“Obviously, there’s always been respect shown to this court by the defendant and attorneys in this case, and all of the witnesses need to show the respect that is going to be required. There will be no outburst from any witnesses or anyone else during the proceedings,” the judge said.
Cusick discussed scheduling for the trial, starting with jury selection Wednesday and outlined restrictions for news media.
“Media is prohibited from showing and/or publishing the faces of any civilian witnesses not employed by the government,” he read.
WXYZ
Those same restrictions were in place during the preliminary hearing.
At the prelim, a number of people testified that they were former lovers of Desmond Burks.
Those men and women described Burks as a hustler and said he would send them money from an unknown Cash App and then have them send the money back to his Cash App.
Watch our coverage of the third day of the preliminary hearing below:
Day 3 concludes in Desmond Burks’ preliminary hearing in murder of Dr. Devon Hoover
Burks is accused of stealing more than $30,000 from Hoover via credit card and fraudulent bank transactions, and Burks allegedly used other people to execute his plan.
Investigators said text messages revealed Burks had an intimate relationship with Hoover and was sometimes paid for sexual services.
Watch our coverage of the second day of the preliminary hearing below:
Mystery backpack focus of testimony during day 2 of Hoover preliminary hearing
Testimony from the prelim also revealed that authorities zeroed in on Burks, in part, through cellphone records and surveillance footage involving Hoover’s stolen truck.
During the trial, we may hear from a close relative of Burks who identified him in surveillance footage during the prelim. The footage allegedly shows Burks walking away from Hoover’s stolen vehicle.
Watch our coverage of the first day of the preliminary hearing below:
Preliminary hearing begins for man charged with killing Dr. Devon Hoover
The jury selection process is scheduled to start at 8:30 a.m. Wednesday.
A situation believed to involve a barricaded suspect in Ypsilanti has resulted in evacuations for some neighbors and shelter-in-place orders for others as authorities attempt to bring an end to the standoff.
Police were seen inside the home Monday morning, but the suspect involved has not left the building.
Neighbors told CBS Detroit the circumstances began with a wellness check around noon Sunday. Since then, multiple law enforcement vehicles, including a SWAT team, have been in the area.
The street is closed to traffic in the meantime.
CBS News Detroit has a crew on scene. Additional details will be provided on air and online when they are available.
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