Telling American Families the Truth About Unhealthy Air - Anti-Environmental Amendment. 

The amendment prohibits EPA from identifying communities that do not meet the health-based limits on smog pollution, as established by EPA in 1997. 

Congressional action to reverse the court's holding would curtail the public's right-to-know whether the air they breathe is unhealthy and thwart initial steps to seriously begin addressing air pollution problems. 

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Subject:   AT RISK: AMERICANS' RIGHT TO KNOW ABOUT AIR QUALITY------
Date:       Sat, 07 Oct 2000 11:06:10 -0400
From:        Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

Dear Mr. Helliker,  The Environmental Defense just noted that: AT RISK: AMERICANS' RIGHT TO KNOW ABOUT AIR QUALITY.  An amendment recently passed by the U.S. House of Representatives prohibits the U.S. Environmental Protection Agency from telling citizens which communities are unhealthy. The amendment is now making its way through the Senate. http://www.ProcessRequest.com/apps/redir.asp?link=8848,YccfehcbcCF

Telling American Families the Truth About Unhealthy Air - Anti-Environmental Amendment.

On June 21, 2000, the House passed the Linder-Collins anti-environmental amendment to the EPA appropriations bill (VA/HUD). The amendment prohibits EPA from identifying communities that do not meet the health-based limits on smog pollution, as established by EPA in 1997.

Public Health At Risk

EPA established a new smog standard in response to the considerable body of scientific and medical information showing that serious adverse health effects were occurring at air pollution concentrations below the pre-existing smog standard. EPA's new standard is designed to protect millions of Americans - especially children and people with asthma- from the harmful effects of smog air pollution including asthma attacks and decreased lung function.

Americans Pay for Their Right to Know

The American public funds a large network of air quality monitors located across the country that record air pollution levels and are used to determine whether air quality in a particular community is healthy or unhealthy. To withhold this critical data from the public is unjust.

Federal Court of Appeals Upholds EPA's Authority

Immediately after the issuance of the smog standards, industry filed a lawsuit challenging the standards. The lower court specifically held that EPA is required to identify whether communities meet the new smog standard: "[T]he agency is still required . . . to designated areas as attainment, nonattainment, or unclassifiable under [the revised ozone] NAAQS." The 1990 amendments to the Clean Air Act "made no substantive change in the EPA's authority to designate areas as nonattainment under a revised NAAQS. Therefore, we hold that EPA retains the power to designate areas as nonattainment under a revised ozone NAAQS."

American Trucking Ass'ns, Inc. v. EPA, 175 F.3d 1027, 1048 (D.C. Cir. 1999), opinion modified on rehearing, 195 F.3d 4 (D.C. Cir. 1999), cert. granted, 120 S.Ct. 2003, 2193 (2000).

Strike Linder-Collins Amendment Language from VA/HUD

Americans have the right-to-know whether the air they breathe is unhealthy. Accurate information about air pollution levels is the first step in a well-designed community-based process to begin cleaning up unhealthy air pollution.

Congressional action to reverse the court's holding would curtail the public's right-to-know whether the air they breathe is unhealthy and thwart initial steps to seriously begin addressing air pollution problems.

Well Mr. Helliker, It is beginning to become quite obvious that we are the proverbial sacrificial lambs - all for corporate profit!  I pray that the people remember which politicians decided to protect profits rather than them - when they vote this year!  Whatever happened to "our" government - of the people, by the people, and for the people?

Respectfully,  Stephen L. Tvedten

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