Environmental Groups File Lawsuit Against Colorado State for Failure to Comply with Environmental Justice Act
A lawsuit has been filed by three prominent environmental groups against the state of Colorado for allegedly failing to uphold the newly implemented Colorado Environmental Justice Act. The groups, GreenLatinos, 350 Colorado, and Earthworks, argue that the rules established by the Air Quality Control Commission in May do not adequately adhere to the law in five specific ways. In response, they are seeking a court order to compel the commission to revisit and revise the rules. The lawsuit, filed by Earthjustice on Monday, represents the collective concerns of environmental advocates.
Although the commission praised the approved rules as a groundbreaking effort to safeguard communities at higher risk of air pollution, critics from disproportionately impacted areas have strongly denounced their shortcomings. They argue that loopholes within the rules would enable major polluters to evade stringent monitoring practices. Key criticisms center around the inadequacy of pollution measurement standards for different companies.
The lawsuit highlights several specific flaws identified by environmentalists. One of the major concerns is that rather than allowing companies to pay fees supporting community monitoring, the state should enforce mandatory monitoring around the locations of major polluters. Additionally, the environmental groups argue that the newly established environmental justice rules lack clarity in explaining how the monitoring program will be funded and conducted. They also contend that the rules do not encompass a wide enough range of pollutants and call for more comprehensive monitoring requirements.
In response, Kate Malloy, spokesperson for the Colorado Department of Public Health and Environment (CDPHE), stated that both the state health department and the Air Quality Control Commission are aware of the lawsuit and will carefully evaluate the claims before determining their legal response. This acknowledgment suggests that the state is taking the concerns raised by environmentalists seriously and is willing to review the matter accordingly.
The lawsuit sheds light on the differing perspectives regarding the Colorado Environmental Justice Act and its implementation. While state officials believe the approved rules are a significant step forward in protecting vulnerable populations, environmental advocates argue that they leave room for major polluters to escape rigorous monitoring measures. As the lawsuit progresses, it remains to be seen how the court will address these concerns and whether the rules will be revised to more effectively safeguard communities from harmful air pollution.
In conclusion, three environmental groups have taken legal action against the state of Colorado, alleging non-compliance with the recently enacted Colorado Environmental Justice Act. The lawsuit aims to prompt the Air Quality Control Commission to reconsider its rules. Environmentalists argue that the rules fall short in several areas, including monitoring requirements and pollutant measurement standards. It is now up to the court to examine the claims made by the environmental groups and decide potential courses of action.
