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EPA Asks Court to Strike Down Biden-Era Soot Standard Before Feb. 7

The agency argues the 2024 review violated Clean Air Act procedures, requesting swift action from the D.C. Circuit.

Overview

  • In a Monday filing, the EPA urged the D.C. Circuit to vacate the 2024 PM2.5 limit of 9 micrograms per cubic meter and rule before the Feb. 7 area-designation deadline.
  • If the court grants the request, the national standard would revert to the prior 12 micrograms level as the agency prepares a replacement proposal early next year.
  • The filing echoes arguments from industry groups and 25 Republican-led states about compliance costs and permitting impacts, with EPA officials citing potential costs in the hundreds of millions to billions.
  • The Biden-era rule was projected to prevent up to 4,500 premature deaths in 2032 and yield major health benefits, particularly for communities facing disproportionate pollution burdens.
  • Environmental and public-health advocates condemned the move as unprecedented and pointed to a 2001 Supreme Court ruling that they say bars factoring costs into National Ambient Air Quality Standards.