Suing Polluters: Can You Seek Justice For Air Pollution?

Air pollution is a pressing issue that affects people worldwide, with the World Health Organization (WHO) reporting that 80% of urban residents are exposed to hazardous levels of air pollution, resulting in approximately seven million premature deaths annually. While governments and corporations have been criticized for not doing enough to address this issue, individuals are taking matters into their own hands and pursuing legal avenues to hold these entities accountable. In recent years, there has been a rise in environmental lawsuits, with citizens suing both governments and corporations for their failure to mitigate air pollution and its detrimental effects on health and the environment. These lawsuits are a powerful tool for individuals to seek justice and push for change, holding accountable those who contribute to air pollution and its adverse impacts.

What are the health implications of air pollution?

Air pollution is a mix of hazardous substances from both human-made and natural sources. It is a major threat to global health and prosperity, causing more than 6.5 million deaths each year, a number that has increased over the past two decades. The primary sources of human-made air pollution are vehicle emissions, fuel oils, natural gas, manufacturing by-products, and power generation. Nature also releases hazardous substances, such as smoke from wildfires, ash and gases from volcanic eruptions, and methane from decomposing organic matter.

The main pathway of exposure to air pollution is through the respiratory tract. Pollutants cause inflammation, oxidative stress, immunosuppression, and mutagenicity in cells throughout the body, impacting the lungs, heart, and brain, among other organs. Almost every organ in the body can be affected, and some pollutants are small enough to penetrate the bloodstream and circulate throughout the body, causing systemic inflammation and carcinogenicity.

Specific diseases strongly linked to air pollution exposure include stroke, ischaemic heart disease, chronic obstructive pulmonary disease, lung cancer, pneumonia, and cataract (from household air pollution). There is also evidence linking air pollution to increased risk for adverse pregnancy outcomes, other cancers, diabetes, cognitive impairment, and neurological diseases.

Fine particulate matter (PM2.5) is of particular concern as it can be inhaled deeply into the lungs and contribute to serious health problems. Exposure to high levels of PM2.5 in the short term can lead to reduced lung function, respiratory infections, and aggravated asthma. Long-term exposure increases the risk of diseases with longer onsets, such as stroke, heart disease, chronic obstructive pulmonary disease, and cancer.

Children, the elderly, and pregnant women are more susceptible to air pollution-related diseases. Additionally, lower socio-economic status is linked to increased exposure to air pollution, as poorer people are often more likely to live next to busy roads or industrial areas.

What are the rules and regulations surrounding air pollution?

The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary and mobile sources in the United States. The Act authorises the US Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants. The EPA also sets limits on certain air pollutants, including setting limits on how much can be in the air anywhere in the United States.

The Clean Air Act also gives the EPA the authority to limit emissions of air pollutants from sources like chemical plants, utilities, and steel mills. Individual states or tribes may have stronger air pollution laws, but they may not have weaker pollution limits than those set by the EPA. The Act also requires major stationary sources to install pollution control equipment and to meet specific emissions limitations.

The EPA's Clean Air Markets Division (CAMD) runs programs that reduce air pollution from power plants to address environmental problems such as acid rain, ozone, and particle pollution, as well as interstate transport of air pollution. The Clean Air Markets website includes data and progress statistics, compliance resources for program participants, and the main program sites:

• Acid Rain Program (ARP)
• Cross-State Air Pollution Rule (CSAPR)
• Six Criteria Air Pollutants: Carbon Monoxide, Ground-level Ozone, Lead, Nitrogen Oxides, Particulate Matter, and Sulfur Dioxide

The Clean Air Act requires the EPA to create a list of important categories of stationary sources of air pollution and to establish Federal standards of performance for new sources within these categories. These New Source Performance Standards (NSPS) apply to newly constructed sources or those that undergo major upgrades or modifications. The standards include both equipment specifications and operation and measurement requirements.

The Act also addresses emissions of hazardous air pollutants, with Section 112 requiring that the EPA establish emission standards that require the maximum degree of reduction in emissions of hazardous air pollutants for major sources. These emission standards are commonly referred to as "maximum achievable control technology" or "MACT" standards.

In addition, the Clean Air Act sets standards for air quality to protect public health and welfare. The Forest Service must ensure that its activities, or activities it permits, comply with these national standards and any State and local requirements for air pollution control. States develop State Implementation Plans (SIPs) describing how they will implement the requirements of the Clean Air Act.

How can companies reduce air pollution emissions?

Companies can take a variety of actions to reduce air pollution emissions and improve air quality. Here are some ways that organizations can make a positive impact:

Allow Remote Work

Remote work reduces the number of cars on the road, especially those driven by solo commuters. It also decreases energy consumption in office buildings, as fewer people are present to heat, cool, light, and power equipment. Even when working remotely is not an option, businesses can encourage employees to choose alternative, eco-friendly means of transportation, such as walking, biking, carpooling, or taking public transportation.

Clean and Replace Building Air Filters

Installing, regularly cleaning, and replacing air filters in office buildings promotes cleaner indoor air. The EPA has released a guide with additional practices to improve air quality in the workplace, such as proper waste disposal, food storage, and management of possible pollutant sources like pest control and construction.

Implement a Business Sustainability Plan

Businesses can shift from unsustainable practices to more environmentally friendly ones, such as using cleaner energy sources. They can also prioritize environmental sustainability by encouraging stewardship among employees and integrating clean air into their climate and ESG (environmental, social, and governance) strategies.

Plan Employee Volunteer Efforts for Environmental Groups

Companies can set aside dedicated time for employees to volunteer with environmental and community groups working to fight air pollution. By engaging with local air quality organizations, businesses and employees can directly contribute to efforts in their community. The EPA offers volunteer partnership programs to help reduce air pollution in specific sectors.

Create an Air Quality Garden

Adding certain plants to a yard or garden can help combat outdoor air pollution. For example, research has shown that plants with waxy or hairy leaves, such as the yarrow plant, can significantly reduce particulates and nitrogen dioxide levels. Other plants, like the red elder, can be used to monitor air quality as they exhibit leaf damage when exposed to high levels of ozone.

By adopting these measures, companies can play a crucial role in reducing air pollution emissions and creating a healthier environment for their employees and communities.

What are the different types of industrial pollution?

Industrial pollution is a type of pollution caused by factories and industries. It has severe and far-reaching effects, causing diseases and deaths worldwide due to the pollutants it produces.

There are several types of industrial pollution, each with its own unique characteristics and impacts:

Water Pollution

Industrial facilities often dump their waste into rivers and other water bodies, releasing toxic chemicals that can kill aquatic life and contaminate the water supply for humans and animals. These toxins include cyanide, cadmium, mercury, lead, arsenic, and chromium, which are highly poisonous. In addition, colour-producing dyes change the colour of the water and decrease oxygen levels, further affecting aquatic life. Acids and alkalis released by industries also rapidly change the pH of the water, harming fish and other marine life.

Soil Pollution

The rapid growth of industries has resulted in large amounts of industrial waste being dumped onto the soil. These wastes usually contain toxic and non-biodegradable chemicals, such as heavy metals and harmful acids, that are discharged into the environment. This waste renders the soil useless and affects its chemical and biological characteristics. It eventually enters the food chain, disturbing biochemical processes and inducing serious hazards to living organisms, including reduced agricultural productivity.

Air Pollution

Many industries, such as chemical plants, steel factories, oil refineries, and cement factories, emit large amounts of smoke and pollutants. These pollutants include oxides of sulphur and nitrogen, lead particles, and chlorofluorocarbons. For example, emissions from oil refineries and coal-burning industries contain sulphur dioxide, which causes acid rain. Additionally, some chemicals escape into the atmosphere, causing further air pollution.

Noise Pollution

Industrial activities can generate significant amounts of noise, contributing to noise pollution. Sources of noise pollution include machines, generators, compressors, furnaces, looms, and exhaust fans used by industries. Noise pollution can have physiological effects on individuals, such as raising blood pressure.

Thermal Pollution

Waste generated by nuclear power plants and nuclear and weapon production facilities can cause thermal pollution, leading to an increase in water temperature. This can have detrimental effects on aquatic ecosystems and contribute to global warming.

Radioactive Pollution

Some industries, such as nuclear power plants and nuclear weapon production facilities, can release radioactive materials into the environment, causing radioactive pollution. This type of pollution poses significant risks to human health and the environment, leading to birth defects and an increased cancer risk.

It is important to note that individuals can take legal action against companies or organisations responsible for environmental pollution if they are personally affected. However, there are legal prerequisites that need to be met, and demonstrating "standing" or a direct impact is crucial for the success of such lawsuits.

How can the public report air pollution?

The public can report air pollution in several ways, depending on the location and type of pollution. Here are some methods and guidelines:

Reporting Air Pollution Incidents

• Contact the relevant authorities: In many places, the public can report air pollution incidents to local or national environmental protection agencies, such as the Environment Protection Authority (EPA) or similar organizations. These agencies are responsible for monitoring and managing air quality and addressing pollution incidents.
• Provide detailed information: When reporting an air quality complaint, it is essential to provide as much information as possible. This includes descriptions of the type of pollution (e.g., odors, smoke, dust), the source of emissions (e.g., refineries, vehicles, industrial facilities), and any potential violations of air quality regulations. Specific details help authorities locate the source of pollution and take appropriate action.
• Online reporting or phone calls: Many organizations allow individuals to report air pollution incidents online through their websites or designated portals. Alternatively, hotlines or toll-free complaint lines are often available for individuals to call and report air quality concerns. Some organizations even provide language interpretation services for non-English speakers.
• Anonymity and confidentiality: Members of the public who wish to remain anonymous can choose to do so when reporting air quality complaints. Personal information, such as the name, address, and telephone number of the complainant, is typically kept confidential by the investigating authorities to the extent permitted by law.

Specific Reporting Channels

• Business or industry-related pollution: Reports of air pollution incidents related to businesses or industries can be directed to the EPA or the relevant department of the environment. Contact information is usually available on their websites.
• Residential or small-scale pollution: For air pollution originating from residential premises or similar small-scale sources, individuals can contact their local council or the EPA for assistance.
• Planned burns or similar incidents: In some cases, air pollution may result from planned burns or similar controlled activities. Reports of such incidents can be directed to the local department of environment, land, water, and planning (DELWP) or the EPA.
• Vehicle emissions: The relevant government department, such as the transport authority, often sets vehicle emission standards and operates reporting services for smoky light vehicles. They may also have powers to address transport sector emissions through various initiatives.

It is worth noting that specific contact information and reporting procedures may vary depending on the region and the organization involved. It is advisable to refer to the official websites or contact the relevant authorities directly to obtain the most up-to-date and accurate information.

Frequently asked questions