A coalition of environmental groups says it plans to sue the Michigan Department of Environment, Great Lakes, and Energy (EGLE) if it doesn’t move to set stricter ozone regulations in southeast Michigan.
That region is currently under an ozone maintenance plan because for many years, its ozone levels exceeded standards set by the federal Clean Air Act. Ground-level ozone—also known as smog—is known to worsen or even cause many breathing conditions, such as asthma and bronchitis.
But environmental groups including the Sierra Club say that near the end of 2023, an ozone monitor in Detroit showed readings that exceeded those set in the maintenance plan. They say that should have triggered the state to take additional corrective steps—but that never happened.
“They have not done that,” said Nicholas Leonard, head of the Great Lakes Environmental Law Center. “And when we talked to EGLE about it, they basically said that they didn't have any intentions to do so.”
Leonard said the east side Detroit location where the high ozone levels were detected is significant as well.
“This is an environmental justice community,” he said. “This is a place where asthma hospitalization rates are the highest found anywhere in the state of Michigan. And so it's just deeply disappointing to see EGLE walk back from another commitment that it's made.”
Environmental groups have already sued the EPA and EGLE over its initial finding that southeast Michigan is in attainment with federal ozone standards. That case is still progressing through the federal court system, Leonard said.
In a statement, EGLE maintains that it acted appropriately in accordance with its “mission to protect air quality for residents of Southeast Michigan and all of the state."
“Ozone data, evaluated by EGLE, shows ozone values in Southeast Michigan continue to improve,” the statement continued. “We followed appropriate processes in examining available data and remain confident our determinations were made properly, and U.S. EPA has agreed with those determinations. We remain committed to our work to monitor ozone levels, engage with stakeholders, and to take actions necessary to make sure Michigan’s air quality is protected. “
Advocates have served EGLE with a Notice of Intent to sue. Leonard said they hope to avoid that and work out an agreement within the next 60 days—but will take legal action if that doesn’t happen.
