Wyoming Threatens To Sue EPA Again

Governor Matt Mead asked the Wyoming Attorney General to notify the Environmental Protection Agency that Wyoming will sue the agency for its failure to take action on a state plan for air quality regulation. The EPA did not act on Wyoming’s plan for protecting the public from lead pollution. The State submitted its plan to the EPA in October 2011. This is the second time in six months, the EPA has failed to act on a Wyoming plan and the second notice Wyoming has given.

Governor Mead said,

“Wyoming met its responsibility – a plan for protecting air quality. In turn, the EPA was required to review Wyoming’s plan within eighteen months. The EPA has not responded. Because the EPA failed to act it could be sued by any entity – environmental, industrial, or other – and Wyoming would not be in a position to participate. Wyoming must have a voice in Wyoming’s plan, I hope EPA approves our plan and we can work together going forward.”

The state plan is designed to ensure compliance with the lead National Ambient Air Quality Standard established in 2008. Under the Clean Air Act, EPA was required to approve or disapprove of that plan before April 2013. This is a non-discretionary duty under federal law.

Wyoming has notified the EPA it will file a civil action by the end of June if the EPA does not act on the state plan before then.