Suit alleges EPA foot-dragging on California air cleanup plans

By Sean Reilly | 10/21/2025 04:14 PM EDT

More than 130 plans have been waiting more than a year for EPA’s approval or disapproval.

A layer of smog lingers above the downtown Los Angeles skyline.

A layer of smog lingers above the downtown Los Angeles skyline on Dec. 6, 2024. Etienne Laurent/AFP via Getty Images

A new lawsuit alleges that EPA is unlawfully late in addressing more than 130 California Clean Air Act cleanup submittals dating as far back as 2018.

The suit, filed Sunday by Our Children’s Earth Foundation, says that “at least” 136 such submittals are still awaiting EPA’s approval or disapproval past a statutory one-year deadline for a decision. They include regulations issued both by the California Air Resources Board as well as regional air quality management districts around the state related to requirements on ships, motor vehicles and a variety of industries, according to a list attached to the suit.

For members and employees of the non-profit foundation, the delays “create doubt and concern” both over whether they are exposed to illegal levels of air pollution and whether federal intervention is needed.

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EPA does not comment on active litigation, but the suit could provide an early test of the effectiveness of a looming reorganization that will create an “Office of State Air Partnerships” intended in part to improve the working relationship between state, federal and local air regulators.

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