all those opposed

Texas files lawsuit challenging new EPA rule on deadly soot pollution

Texas — along with 24 other states — has filed lawsuits against a recent set of soot pollution standards from the EPA. Photo via Pixabay/Pexels

A new Biden administration rule that sets tougher standards for deadly soot pollution faced a barrage of legal challenges Wednesday, as 25 Republican-led states — including Texas — and a host of business groups filed lawsuits seeking to block the rule in court.

Twenty-four states, led by attorneys general from Kentucky and West Virginia, filed a joint challenge stating that new Environmental Protection Agency rule would raise costs for manufacturers, utilities and families and could block new manufacturing plants and infrastructure such as roads and bridges. Texas filed a separate suit, as did business groups led by the U.S. Chamber of Commerce and National Association of Manufacturers.

“The EPA’s new rule has more to do with advancing President (Joe) Biden’s radical green agenda than protecting Kentuckians’ health or the environment, said Kentucky Attorney General Russell Coleman, who is leading the joint lawsuit along with West Virginia Attorney General Patrick Morrisey.

The EPA rule “will drive jobs and investment out of Kentucky and overseas, leaving employers and hardworking families to pay the price,” Coleman said.

The soot rule is one of several EPA dictates under attack from industry groups and Republican-led states. The Supreme Court heard arguments last month on a GOP challenge to the agency's “good neighbor rule,” which restricts smokestack emissions from power plants and other industrial sources that burden downwind areas.

Three energy-producing states — Ohio, Indiana and West Virginia — challenged the rule, along with the steel industry and other groups, calling it costly and ineffective. The rule is on hold in a dozen states because of the court challenges.

In opposing the soot rule, Republicans and industry groups say the United States already has some of the strictest air quality standards in the world — tougher than the European Union or major polluters such as China and India.

Tightening U.S. standards "wouldn't improve public health, but it would put as many as 30% of all U.S. counties out of compliance under federal law, leading to aggressive new permitting requirements that could effectively block new economic activity,'' Coleman said.

The EPA rule sets maximum levels of fine particle pollution — more commonly known as soot — at 9 micrograms per cubic meter of air, down from 12 micrograms established a decade ago under the Obama administration.

Environmental and public health groups hailed the rule as a major step to improve the health of Americans, including future generations. EPA scientists have estimated exposure at previous limits contributed to thousands of early deaths from heart disease and lung cancer, along with other health problems.

EPA Administrator Michael Regan said the new soot rule, finalized last month, would create $46 billion in net health benefits by 2032, including prevention of up to 800,000 asthma attacks and 4,500 premature deaths. The rule will especially benefit children, older adults and those with heart and lung conditions, Regan said, as well as people in low-income and minority communities adversely affected by decades of industrial pollution.

"We do not have to sacrifice people to have a prosperous and booming economy,″ Regan said.

Biden is seeking reelection, and some fellow Democrats have warned that a tough new soot standard could harm his chances in key industrial states such as Pennsylvania, Michigan and Wisconsin.

The EPA and White House officials brushed aside those concerns, saying the industry has developed technical improvements to meet previous soot standards and can adapt to meet the new ones. Soot pollution has declined by 42% since 2000, even as the U.S. gross domestic product has increased by 52%, Regan said.

The new rule does not impose pollution controls on specific industries. Instead, it lowers the annual standard for fine particulate matter for overall air quality. The EPA will use air sampling to identify counties and other areas that do not meet the new standard. States would then have 18 months to develop compliance plans for those areas. States that do not meet the new standard by 2032 could face penalties, although EPA said it expects that 99% of U.S. counties will be able to meet the revised annual standard by 2032.

Industry groups and Republican officials dispute that and say a lower soot limit could put hundreds of U.S. counties out of compliance.

The U.S. Chamber of Commerce warned the White House in January that 43% of total particulate emissions come from wildfires, and called the pollution standard "the wrong tool to address this problem.''

The EPA said it will work with states, counties and tribes to account for and respond to wildfires, an increasing source of soot pollution, especially in the West, where climate change has led to longer wildfire seasons, with more frequent and intense fires. The agency allows states and air agencies to request exemptions from air-quality standards due to “exceptional events," including wildfires and prescribed fires.

Besides Kentucky, West Virginia and Texas, other states challenging the EPA rule include: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and Wyoming.

All three cases were filed before the U.S. Court of Appeals for the District of Columbia.

Trending News

A View From HETI

Houston-based HEXASpec took home the top TEX-E prize and $25,000 at last year's Energy Venture Day and Pitch Competition. Photo courtesy TEX-E.

The Rice Alliance for Technology and Entrepreneurship, the Houston Energy Transition Initiative (HETI), the Texas Entrepreneurship Exchange for Energy (TEX-E) and the Ion have named the 30-plus energy ventures and teams that will pitch at the 2026 Energy Venture Day and Pitch Competition during CERAWeek this month.

The selected ventures are "driving efficiency and advancements toward the energy transition," according to the Rice Alliance. Each will each present a 3.5-minute pitch before a network of investors and industry partners during CERAWeek's Agora program on Wednesday, March 25, from noon-5:30 p.m.

The competition is divided up into the TEX-E university track, in which Texas student-led energy startups compete for $50,000 in cash prizes, and the industry ventures track.

Teams competing in the TEX-E Prize track include:

  • GOES
  • Quantum Power System
  • Quas
  • Resonant Thermal Systems
  • Srijan

The industry track is subdivided into three additional tracks, spanning materials to clean energy and will feature 37 companies. A group of expert judges will name the top three companies from each industry track. The winner of the CERAWeek competition will also have the chance to advance and compete for the $1 million investment prize at the Startup World Cup in November 2026.

Teams come from around the world, including several Houston-based ventures, such as Agellus Tank Robotics, Capwell Services and Corrolytics.

The full list of companies pitching at CERAWeek includes:

  • Agellus Tank Robotics
  • Airovation Technologies
  • Anax Power
  • Armeta
  • ATS Energy
  • Capwell Services
  • CarbonLume
  • Cogniprise
  • Corrolytics
  • Daphne Technology
  • Gemini Energy
  • Grid8
  • H Quest Vanguard
  • intcom
  • Ionada Canada
  • Junipix
  • Kunin Technologies
  • LAVA Power
  • Licube
  • LNK Energies
  • Maverick X
  • Membravo
  • Mirico
  • Mocean Energy
  • Monitorai
  • OCOchem
  • Oleo
  • Pix Force
  • PolyJoule
  • Power to Hydrogen
  • Sotaog
  • Spotlight
  • Tierra Climate
  • Verdagy
  • Via Separations
  • Vycarb
  • ZettaJoule

Those not attending CERAWeek can catch these companies and more than a dozen others at a pitch preview at the Ion. The free Pitch Preview will be held Tuesday, March 24, from 9 a.m.-2:30 p.m. Click here to register.

Additional companies pitching during the free preview include:

  • Ammobia
  • Arolytics
  • Ayrton Energy
  • ChainWeave
  • Cybereum
  • Energytech
  • ENP Technologies
  • KP Labs
  • Mcatalysis
  • Mitico
  • Mote
  • Nanos
  • New Horizon Oil and Gas
  • Predyct
  • Salem Robotics
  • Toluai

Two Rice University student teams took home top prizes during last year's TEX-E competition, while ventures from New Jersey, Wyoming and Virgina won in their respective industry tracks. See the full list of last year's winners here.

Trending News