Bill would let state enforce air pollution rules after EPA change

A headshot of Sue Shink

Sen. Sue Shink, D-Northfield Township. Credit: Michigan Senate

By Madison Merrell

Early this year, the Environmental Protection Agency (EPA) repealed the 2009 federal Greenhouse Gas Endangerment Finding, which allowed the agency to regulate motor vehicle emissions.

The EPA also removed all standard regulations on emissions for all engine types in what was the largest deregulatory action in U.S. history, according to a press release from the agency. 

The move provoked an angry reaction from environmental advocates.

Michigan Attorney General Dana Nessel called the changes “an immediate danger to Michigan’s environment and economy.”

The EPA claims it “lacks authority” to regulate these standards under the Clean Air Act.

However, Nessel said a 2007 U.S. Supreme Court decision in a Massachusetts case confirmed that the Clean Air Act does, in fact, authorize the EPA to create such regulations. 

The ruling affects how strict regulators are when approving permits for new or expanding pollution sources, said Josef Stephens, the public information officer at the Department of Environment, Great Lakes and Energy. 

People most at risk from pollution, especially children, elderly people, and those with heart or lung conditions, are protected by the National Ambient Air Quality Standards, Stephens said.

When ozone levels exceed those standards, they are more likely to experience serious health problems, which is why meeting the standards is critical for protecting communities across Michigan, said Stephens. 

A 2025 University of Maryland study found Michigan is a state most affected by the environmental rollbacks, costing the state’s gross domestic product about $5.5 billion by 2035.

Sen. Sue Shink, D-Northfield Township, is sharply critical of the EPA action. 

Under current state regulations, Shink said companies can legally release pollutants if they obtain the proper permits.

“Under current law, residents may petition public entities, lobby legislators and attend public hearings, but they have no legal right to demand action in so many cases, especially before pollution and degradation happens,” she said at a news conference.

On Earth Day, April 22, Shink introduced the “Michigan Green” amendment that would localize clean air and water regulations despite the reduced federal protections.

Shink’s legislation “would hold polluters accountable by requiring more thorough cleanups, making information about sites more available and making it easier for those harmed by pollution to seek justice,” Michigan Senate Democrats said in a press release.

Shink said her bill would “make polluters who expose people to hazardous substances liable for the screening they need to catch health problems early, when they are most treatable.”

Cosponsors are Democratic Sens. Stephanie Chang of Detroit, Mallory McMorrow of Royal Oak, Dayna Polehanki of Livonia, Jeff Irwin of Ann Arbor and Veronica Klinefelt of Eastpointe.

It’s pending in the Senate Energy and Environment Committee.

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