EPA asks court to strike down fine particulate air pollution standard, threatening public health and undermining obligation under Clean Air Act
WASHINGTON – The U.S. Environmental Protection Agency (EPA) filed a motion for vacatur in the Court of Appeals for the D.C. Circuit, asking the court to strike down the health-based fine particulate matter (PM2.5) standard the agency had strengthened last year.
“EPA’s motion is a blatant attempt to avoid legal requirements for a rollback, in this case for one of the most impactful actions the agency has taken in recent years to protect public health,” said Hayden Hashimoto, attorney at Clean Air Task Force. “The public health and economic benefits of the current standard are tangible. By EPA’s own estimate, the current PM NAAQS would avoid 800,000 cases of asthma symptoms, 2,000 hospital visits, and 4,500 premature deaths – adding up to $46 billion in health benefits in 2032. Rescinding this important update would revert the PM NAAQS back to the standard set over a dozen years ago, which is inconsistent with advice given unanimously by scientific experts on the Clean Air Scientific Advisory Committee. An abundance of scientific evidence shows going back to the previous standard would fail to provide the level of protection for public health required under the Clean Air Act, and, regardless of what EPA does, CATF will continue to defend this important rule in court.”
The 2024 rule updated the primary annual standard – the allowed concentration of the pollutant in the outdoor air averaged over a year – for PM2.5 to 9 µg/m3. PM2.5 exposure has been linked to numerous health issues, with particularly strong evidence for respiratory effects, cardiovascular effects, nervous system effects, cancer, and premature mortality.
In reversing course and abandoning its defense of the standard, EPA has adopted the position of industry petitioners – that the agency lacks legal authority for its 2024 reconsideration of the standard – a position that faced a skeptical D.C. Circuit panel at oral argument last December. EPA also claims that it improperly failed to consider costs, but the Supreme Court has made clear that costs are not to be considered when setting NAAQS. For now, the rule remains in effect as it has been for more than a year and a half, and we intend to oppose this unlawful attempt to get rid of the standard, which would come at the expense of public health.
Press Contact
Samantha Sadowski, Senior Communications Manager, U.S., ssadowski@catf.us, +1 202-440-1717
About Clean Air Task Force
Clean Air Task Force (CATF) is a global nonprofit organization working to safeguard against the worst impacts of climate change by catalyzing the rapid development and deployment of low-carbon energy and other climate-protecting technologies. With more than 25 years of internationally recognized expertise on climate policy and a fierce commitment to exploring all potential solutions, CATF is a pragmatic, non-ideological advocacy group with the bold ideas needed to address climate change. CATF has offices in Boston, Washington D.C., and Brussels, with staff working virtually around the world. Visit catf.us and follow @cleanaircatf.
