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WASHINGTON, D.C. – A coalition of four environmental groups filed a lawsuit Tuesday against the U.S. Environmental Protection Agency, accusing the agency of violating the Clean Air Act.
The groups say the EPA did not meet a mandatory deadline to act on a petition challenging the renewal of an operating permit for U.S. Steel’s Gary Works steel mill in northwest Indiana.
The lawsuit, filed in the U.S. District Court for the District of Columbia, lists the agency and EPA Administrator Lee Zeldin as defendants. The suit was brought forward by the Environmental Law & Policy Center in Chicago, Environmental Integrity Project in Washington, D.C., Gary Advocates for Responsible Development, and Just Transition Northwest Indiana.
The plaintiffs say they filed a petition with the EPA on July 3, 2025, arguing that the operating permit for Gary Works does not include adequate monitoring requirements to ensure compliance with air pollution limits as well as any required compliance, corrective action, and operation and maintenance plans.
According to the Clean Air Act, the EPA is required to either grant or deny such a petition within 60 days of it being filed. The groups say that deadline has long since passed without action on their petition.
Max Lopez, associate attorney at the Environmental Law & Policy Center, said in a news release that the lawsuit was the “necessary next step to rein in illegal pollution originating from U.S. Steel Gary Works.”
The plaintiffs claim in the lawsuit that the Gary plant “emits a wide array of pollutants including particulate matter, nitrogen
oxides, volatile organic compounds, and hazardous air pollutants which all have a significant impact on public health and the environment.”
In an email to Inside INdiana Business, the EPA said it does not comment on pending litigation. U.S. Steel spokesperson Andrew Fulton noted that the lawsuit is directed at the agency, not the steelmaker itself.
“U.S. Steel is not a party to that action,” Fulton said. “Environmental stewardship is a core value at U.S. Steel, and we remain committed to the safety of our communities as do our more than 4,000 Gary Works employees.”
Dorreen Carey, president of Gary Advocates for Responsible Development, called on the EPA to object to the air permit renewal issued by the Indiana Department of Environmental Management.
“Gary residents have been exposed to deadly air pollution from Gary Works on a daily basis for more than 100 years,” Carey said. “It is time for the EPA to require an updated approach to air pollution control at Gary Works that includes continuous real-time monitoring, timely intervention, corrective action, and enforcement to assure the mill is in compliance with the Clean Air Act.”
The plaintiffs are asking the court to declare that the EPA violated the Clean Air Act and order the agency to act on the group’s petition. They are also seeking litigation costs and any other relief deemed proper by the court.
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