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EPA wrongly found Detroit area safe for smog, judge rules in split decision

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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.

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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.

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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.

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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.

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“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



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Active saves leader Jansen joining Tigers on 1-year deal (sources)

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Active saves leader Jansen joining Tigers on 1-year deal (sources)


The Tigers’ bullpen revamp for 2026 now includes an unusual feature for the A.J. Hinch era: A veteran closer. Detroit has reached agreement on a one-year contract with four-time All-Star and 16-year veteran Kenley Jansen, sources told MLB.com.
The deal, which is pending a physical and has not been confirmed



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Detroit-area teen charged in carjacking at Applebee’s restaurant bound over to circuit court

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Detroit-area teen charged in carjacking at Applebee’s restaurant bound over to circuit court



A 15-year-old boy who is accused of carjacking a woman last month at an Applebee’s in Roseville, Michigan, is heading to circuit court after waiving his preliminary examination, according to the Macomb County Prosecutor’s Office.

The teen is charged with one count of carjacking, third-degree fleeing a police officer, two counts of malicious destruction of personal property, assault with a dangerous weapon, assaulting/resisting/obstructing a police officer, operating without a license and failure to stop after a collision.

The teen appeared for a probable cause hearing on Dec. 10 and waived his right to a preliminary examination. He will be arraigned on Jan. 5, 2026. 

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He remains in at the Macomb County Juvenile Center under a $250,000 cash/surety bond. If he posts bond, he is ordered to wear a GPS tether, be restricted to his mother’s house and have no contact with the victim, witnesses or Applebee’s.

Prosecutors allege that on Nov. 24, 2025, the teen forcibly took a woman’s 2016 Jeep Patriot in the restaurant’s parking lot. The teen took off in the vehicle and crashed it on Gratiot Avenue.

“The allegations and charges in this matter are serious. Carjacking is a violent offense that carries life-altering consequences for victims and offenders alike,” Macomb County Prosecutor Peter Lucido said in a statement. “To the young people of Macomb County, understand that the choices you make today will determine the path available to you tomorrow. We want every youth in this community to succeed, but that starts with stepping away from dangerous decisions before they lead to irreversible outcomes.”  



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Detroit Lions rule out All-Pro safety, list 7 others as questionable vs. Rams

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Detroit Lions rule out All-Pro safety, list 7 others as questionable vs. Rams


ALLEN PARK — The Detroit Lions will be without safety Kerby Joseph again this weekend, while listing seven other players as questionable.

Joseph and fellow safety Brian Branch were the only players ruled out ahead of Sunday’s game against the Los Angeles Rams. Branch is out for the season due to an Achilles injury, but has not been placed on injured reserve yet. And Joseph, who will now miss his eighth straight game, suffered a setback and could be a candidate for injured reserve, per Dan Campbell.

The Lions listed tight end Shane Zylstra (knee), running back Sione Vaki (thumb), wide receiver Kalif Raymond (ankle), guard Christian Mahogany (fibula), safety Thomas Harper (concussion protocol), left tackle Taylor Decker (shoulder/rest) and guard Kayode Awosika (foot) as questionable.

Decker has not practiced this week. But he’s been dealing with a shoulder injury all season and is coming off playing three games in less than two weeks. Awosika missed last week’s game against the Dallas Cowboys due to his foot injury. The veteran guard has practiced in a limited capacity all week long.

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Trystan Colon and Miles Frazier split duties at left guard last week for Awosika. The Lions will have a decision to make there between those three options, but perhaps for only another weekend.

Mahogany returned to practice this week. He seems like a longshot to play this weekend based on his injury. But the Lions are listing him as questionable after logging three limited practices in his first action back on the field.

Zylstra has been back at practice for two weeks in his return from injured reserve. Heading into the weekend, the Lions have only one tight end on their 53-man roster (Anthony Firkser) and hope to get Zylstra back.

Campbell said Harper has a chance to play against the Rams despite spending the week in concussion protocol. The Lions could sure use Harper, with Branch and Joseph both out, to hold things down at safety with Avonte Maddox against the high-powered Rams.

“Harper will be out there at practice today, so feel pretty good about him, but we’ll see,” Campbell said on Friday morning. “There again, I can’t give you definitives right now, but that’s kind of where we’re at.

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“So, we’ll be good. Look, (Erick) Hallett’s been taking reps, (Daniel Thomas) DT’s been taking reps, Maddox has been taking reps. We’ve got plenty of guys. They’re getting valuable reps, so we’re good.”

Raymond has missed two consecutive games due to an ankle injury suffered against the New York Giants. He has a shot to return after working back into practice, and should reclaim his role returning punts.

Vaki has continued to play through his thumb injury. He hasn’t returned kickoffs since suffering the injury, with Tom Kennedy and Jacob Saylors taking over.



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