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 Tigers blow lead, lose to Kansas City Royals on walk-off hit.
The Tigers lost, 4-3, to the Royals on Kyle Isbel’s walk-off single in the ninth inning.
Kansas City, Mo. — The losing streak is now five games. The road record is now an MLB-worst 6-16.
The Kansas City Royals prolonged the Tigers’ misery Saturday night with a relatively breezy 5-1 win at Kauffman Stadium.
Oh, and the Tigers might’ve lost another player in the process.
Right fielder Kerry Carpenter left the game in the third inning. He banged his left shoulder running into the side wall chasing Bobby Witt Jr.’s first-inning, two-run, inside-the-park home run.
Witt, a right-handed hitter, sliced a drive inside the bag at first. Carpenter chased it toward the side wall, but the ball caromed past him. Witt never stopped running.
Carpenter stayed in the game and even rolled an infield single in the second inning. But he was replaced by Wenceel Perez when the Royals came to bat in the third inning.
BOX SCORE: Royals 5, Tigers 1
He was being evaluated during the game.
The two-run homer by Witt ended up being more than the Tigers’ sputtering offense could overcome. But, for good measure, Michael Massey added a three-run home run off Ty Madden in the fourth inning.
Madden ended up being one of the few bright spots in the game for the Tigers. He pitched six innings and allowed just one other hit. He set down the last 11 hitters he faced.
He entered in the third inning after opener Burch Smith and lefty Tyler Holton worked one time through the Royals’ batting order.
Holton made a nifty escape in the first inning. With runners at second and third and one out, and two runs already in, Jac Caglianone hit a hard ground ball to second baseman Zach McKinstry, who was playing in on the grass.
McKinstry got the out at first. The runner at second, Carter Jensen, mistakenly broke for third where Vinnie Pasquantino was holding.
Spencer Torkelson threw to shortstop Kevin McGonigle who threw to catcher Jake Rogers once Pasquantino broke for home — your basic 4-3-6-2 double-play.
Not much else went the Tigers’ way.
Royals right-hander Michael Wacha snuffed out the few scoring opportunities the Tigers mustered.
He worked around an error and a McKinstry stolen base in the third innings. He got Jake Rogers to pop to shallow right field with runners at first and third and one out and then got Matt Vierling to ground out with the bases loaded in the fifth.
Wacha allowed two hits in seven innings. The Tigers put 18 balls in play against him with a soft average exit velocity of 84.4 mph.
The Tigers broke through in the eighth against lefty reliever Matt Strahm. And it was left-handed hitters who did the dirty work. Riley Greene, who extended his career-high on-base streak to 20 games, doubled home McGonigle.
This season is a long way from over but Tigers, 18-22, are in serious need a course correction.
Chris.McCosky@detroitnews.com
@cmccosky
4Warn Weather – SATURDAY: Mostly cloudy skies. A chance of showers and thunderstorms. A few storms could be strong with gusty winds and hail. High: 71.
SATURDAY NIGHT: Mostly cloudy skies, becoming partly cloudy skies late. Low: 45.
SUNDAY (MOTHER’S DAY): Mix of sunshine and clouds, cooler temperatures. High: 61.
SUNDAY NIGHT: Partly cloudy skies. Another chilly night. Low: 41.
MONDAY: Mostly sunny skies, remaining chilly. High: 58.
After a beautiful end to the week on Friday with sunshine and a little cloud cover, with warmer temperatures moving into the region as well, some of us are waking up to some patchy dense fog on Saturday morning. Some places south of M-59 are seeing reduced visibilities down to around a mile. If you do run into some patchy dense fog, be sure to use your low beams.
That warming trend continues into the start of the weekend on Saturday, but it also brings a chance of showers and thunderstorms. Another cold front will work through the region by Saturday afternoon and early Saturday evening and that will bring our thunderstorm chance. High temperature is warming into low 70s by Saturday afternoon.
The Storm Prediction Center has placed most of the region under a Marginal Risk (1 out of 5) on our severe weather scale for the start of the weekend. Gusty winds and hail are the primary threats as we work through the start of the weekend, but this will not be a widespread threat for severe thunderstorms.
Behind that cold front for the end of the weekend on Sunday, we will keep a mixture of sunshine and clouds into the forecast. High temperatures running about 10 to 15° cooler to end the weekend. Expect high to warm into the upper 50s to lower 60s by Sunday afternoon.
Drier weather sticks around for the start of next week, before another chance of rain moves into the region by the time we get to Tuesday. The cooler-than-average temperatures will continue into the start of next week as well. Expect high temperatures to remain in the 50s for Monday and Tuesday.
Temperature start to warm up by the middle of next week, and Drier weather moves back in by Wednesday behind another cold front moving into the region. Expect high temperatures into the lower 60s on Wednesday to warm into the upper 60s by the time we get to Thursday. Above average temperatures move back into the region as we look ahead into the end of the week, expect high temperatures back into the lower 70s by the time we get to Friday.
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