A federal appeals court dealt a sharp blow to the Trump administration's deregulation push on Friday, refusing to invalidate an Obama-era air quality standard that restricts fine particle pollution from power plants and factories.
The unanimous three-judge panel from the US Court of Appeals for the District of Columbia Circuit rejected the EPA's argument that the 2024 rule exceeded the agency's authority and failed to account for business costs. Judge Douglas Ginsburg, writing for the court, said the government's position "lack merit."
The decision preserves a tighter pollution limit of 9 micrograms of soot per cubic meter of air, down from the 12-microgram standard set over a decade ago. States and counties must meet this standard in coming years as they work to reduce particle pollution from industrial sources, vehicles, and power generation.
The Trump EPA had asked the court to overturn the rule after 25 Republican-led states and business groups sued to block it, arguing the standards would impose hundreds of millions or billions in compliance costs. Attorneys general from Kentucky and West Virginia contended the rule could prevent new manufacturing plants and raise expenses for utilities and families.
The Biden administration had projected the tighter limits would prevent more than 800,000 asthma cases, 2,000 hospital visits, and 4,500 premature deaths annually. An EPA spokesperson said in November the rule was based on incomplete scientific review and would be economically ruinous.
Environmental advocates seized on the ruling as validation of public health science. Patrice Simms, vice president of healthy communities at Earthjustice, called the standard "a critical advancement" and pressed EPA chief Lee Zeldin to stop "catering to polluters." Vijay Limaye of the Natural Resources Defense Council said the court decision made clear the agency must implement the rules without further delay, noting that millions of Americans continue breathing unhealthy air while implementation stalls.
The EPA said Friday it was reviewing the decision, offering no indication of next steps.
Author James Rodriguez: "The court just told the Trump EPA that loosening soot rules isn't going to fly, and that matters for anyone who cares whether coal stays king over cleaner air."
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