Delaware Public Media

Delaware joins lawsuit against EPA for out-of-state emissions

Feb 3, 2019

Attorney General Kathy Jennings is adding Delaware to a list of five other states and the city of New York suing the EPA for not enforcing rules protecting states from pollution generated in neighboring states.

The suit challenges the Trump administration’s decision last year to roll back regulations in the Obama-era Cross-State Air Pollution Rule.

Delaware’s Department of Natural Resources and Environmental Control previously filed four petitions on the matter, requesting the EPA require power plants in West Virginia and Pennsylvania to limit their emissions. DNREC claims those plants are polluting the air in the First State.

Delaware’s Department of Justice points to an American Lung Association statistic stating more than 127,000 Delawareans have lung diseases. The DOJ claims those individuals are put at risk by smog blown in from neighboring states.


In a statement, Jennings said, “The EPA isn’t doing its job, and Delaware is paying the price.” She went on to say, “If the President won’t hold himself accountable to the law, we’ll do it for him.”

New Jersey, Connecticut, Massachusetts, Maryland and New York are the other states filing suit.