KRC had sought an order requiring the District to fund reduced transit fares for the summer of 2004, to offset the additional 4 tons of ozone-creating pollutants in the summer air each day this year because of the Abramson Administration's action in shutting down the program. While the fine recognizes the violation of law by the District and the published decision in Kentucky Resources Council v. US EPA, 304 F.Supp.920 (W.D.Ky 2004) has already had an impact on other communities and states where legislatures might have considered unlawfully shutting down vehicle testing programs without prior EPA approval, KRC is disappointed that we were unable to secure an Order resulting in reductions during this ozone season to compensate for the damage caused by unlawfully shutting down the program.
KRC will continue to press EPA to demand real, contemporaneous, surplus and enforceable reductions from the District to offset the lost emissions reductions.
The District has not yet indicated whether it intends to appeal the Court's decision.