Ottawa -July 14, 1999 - The Government of Canada today filed an amicus curiae - "friend of the court" brief in the U.S. Court of Appeals for the District of Columbia Circuit supporting the U.S. Environmental Protection Agency's (EPA) in its court fight for an aggressive smog reduction program.

The EPA Nitrogen Oxide emissions reduction program (NOx), starting in 2003, will apply to 22 states and the District of Columbia. The Canadian government is supporting the EPA because it will have significant health benefits not only for Americans, but also Canadians living in eastern Canada. Cross-border air pollution from the U.S. contributes significantly to urban smog in Canada and increased health risks for Canadians.

This brief reinforces the EPA's conclusions that emissions from midwestern states contribute significantly to excessive levels of ozone and smog problems in northeastern states. Canadian experience and scientific evidence shows that U.S. sources of NOx emissions also "contribute significantly" to NOx and ozone levels in Canada. Canada is urging the U.S Court of Appeals to conclude that the EPA's conclusion and judgment is sound and to uphold the regulation.

The regulation will reduce emissions of NOx by 1.1 million tons per year in the affected 22 states and the District of Columbia, and will reduce pollution that is transported across state boundaries and into Canada. Reducing cross-border air pollution will have significant health benefits in Ontario, Quebec, New Brunswick and Nova Scotia.

Eight Midwestern and Southeastern states, and several industry and labour parties are challenging the EPA, contending that pollution does not travel across boundaries and cause health problems. However, Canadian studies show that between 30 and 50 percent of pollution that is damaging the health of Canadians living in Ontario and Quebec and as much as 90% of the pollution in New Brunswick and Nova Scotia comes from the U.S.

Canada's positions are already well known by the EPA as, over the last year, the Government filed two separate submissions to the EPA while the NOx reduction program was under development and another when the U.S. was tightening their air quality standards. Our own technical analysis showed that even with a domestic program in Canada, reductions in the United States of ground-level ozone and its precursor emissions - NOx and volatile organic compounds (VOCs) - are required to resolve Canada's ground-level ozone problems.

The Government of Canada is not alone in supporting the EPA. The Government of Ontario, the northeast states and environmentalists are also submitting briefs in support of the ozone transport regulation. Many of these parties are on the receiving end of long range transport of NOx emissions and ozone from the Midwestern and Southeastern US states.

Canada and the United States have already launched negotiations to reduce transboundary smog under the 1991 Canada-U.S. Air Quality Agreement. The negotiations, which both countries hope to complete in 2000, will result in a ground-level ozone annex to the Agreement. It will also contain commitments in both countries to reduce smog producing emissions within their borders. An informal organizational meeting took place in June, with the first negotiating session scheduled for September.

Related documents:

• Government of Canada amicus curiae - "friend of the court" brief to the U.S. Court of Appeals for the District of Columbia Circuit [04 Aug 1999]
• Canada and the U.S. launch negotiations on transboundary smog [news release, 21 Apr 1999]
• Canada to support US Environmental Protection Agency in lawsuit to uphold US air standards [news release, 11 Feb 1999]
• Canadian submission to EPA on the tightening of the U.S. air quality standards [11 Mar 1997]
• Canada-U.S. transboundary ozone report [report, March 1999]
• Canada-U.S. Air Quality Agreement 1998 Progress Report [report, 1998]
• Canada-U.S. Air Quality Agreement [agreement, 1991]