The U.S. Environmental Protection Agency failed to meet a Sunday deadline to designate which areas in the United States were being plagued by smog pollution.
State Attorney General Eric T. Schneiderman and 13 other attorneys general from various states and the District of Columbia filed on Thursday a notice to sue the federal agency to force it to comply with those requirements set by the Clean Air Act.
Schneiderman said data shows 1-in-3 residents of New York is "breathing dangerous levels of smog pollution" and the EPA's lack of action threatens citizens' health and safety.
"Attorneys General will continue to fight back in order to protect our residents and our states," Schneiderman said.
Erie County was assigned a "D" grade for smog pollution in the most recent State of the Air report issued by the American Lung Association.