Wyoming public health advocates today filed a federal lawsuit challenging U.S. EPA's approval of the state's plan to curb air emissions that cause haze, arguing that it is inadequate.

WildEarth Guardians filed a lawsuit with the 10th U.S. Court of Appeals in Denver that says EPA disregarded its obligations under the Clean Air Act when it approved Wyoming's regional haze plan.

Specifically, the group is challenging how the state's plan sought to address sulfur dioxide (SO2) emissions from its coal-fired power plants. The advocates contend that instead of cutting SO2 emissions, the plan will allow more emissions.

"Just like sulfur, this plan stinks," Jeremy Nichols of WildEarth Guardians said in a statement. "Far from protecting clean air, it actually allows more sulfur dioxide pollution from the state's coal-fired power plants, putting the West's most cherished landscapes and countless communities at risk."

EPA approved Wyoming's regional haze plan on Dec. 12. The advocates contend that by relying on a "milestone," or cap, on SO2 emissions for the state's power plants, the plan assumed that they emit at a rate of 0.15 pounds per million British thermal units of heat input. The advocates argue that Wyoming's 13 coal-fired plants are already consuming coal at that rate, and many of them can achieve lower rates.

"EPA's plan defies reality and defies what is necessary to safeguard our clean air," Nichols said. "This is an opportunity to make significantly more progress in restoring clear skies in the West that EPA squandered."

The regional haze program has been controversial since EPA rededicated its efforts on it in the last couple of years. The program is designed to restore visibility at 156 national parks to natural levels by 2064. It had been near-dormant until President Obama took office but revived largely because of court deadlines that resulted from environmental group lawsuits.

Industry and states have charged that EPA is not being deferential enough, but environmentalists charge that EPA is capitulating to state demands when finalizing the implementation plans. Advocates have also challenged North Dakota and Montana's implementation plans (Greenwire, June 7, 2012).

Click here to read the filing.