A federal appeals court ruled against Trump’s Environmental Protection Agency, determining that the agency illegally approved a Colorado rule that allows the oil and gas industry to release unlimited amounts of air pollution from drilling and hydraulic fracturing without a permit.
“Despite the Front Range’s chronic and severe smog problem, Trump’s EPA and Colorado continue to hand the oil and gas industry free passes to pollute,” said Ryan Maher, a Center for Biological Diversity attorney involved in the case. “The court has checked Trump’s rubberstamping of yet another devastating pollution exemption.”
The decision from the U.S. Court of Appeals for the 10th Circuit responded to a January 2023 Center lawsuit challenging the EPA’s approval of a new permitting loophole Colorado created to ignore air pollution from drilling and fracking of oil and gas wells.
The decision requires Trump’s EPA to reconsider its approval, which the court determined was not justified. The court ruled that “the EPA acted arbitrarily and capriciously by failing to address the potential emissions during drilling, fracking, and well completion.”
The Clean Air Act authorizes states to create rules about permitting sources of air pollution but requires the EPA to review and approve the rules to ensure that they adequately limit harmful emissions.
The Denver Metro/North Front Range area has levels of ozone, commonly known as smog, well above the EPA’s science-based standards set to protect public health and Colorado’s natural splendor. Colorado added the loophole into its rules, which are supposed to bring air quality into compliance with the standards.
Trump’s EPA continued to defend the loophole even after the Center pointed out that it allows unlimited air pollution from drilling and fracking. The 10th Circuit previously rejected a closely related drilling and fracking loophole in Colorado in response to a Center lawsuit.
The oil and methane gas industry is one of the biggest contributors to smog in Colorado.
Ozone pollution is linked to human health problems like asthma attacks and can cause premature death. Those most at risk include older adults, children, people with asthma and other lung diseases, and people who exercise or work outdoors. Ozone also damages Colorado’s parks and natural areas, including aspen trees.
The court made its decision over the objections of the EPA, Colorado and the American Petroleum Institute. The ruling calls into question loopholes in air pollution rules in other states, such as Texas, New Mexico and Pennsylvania.
