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.

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A View From HETI

A team from UH has published two breakthrough studies that could help cut costs and boost efficiency in carbon capture. Photo courtesy UH.

Editor's note: As 2025 comes to a close, we're revisiting the biggest headlines and major milestones of the energy sector this year. Here are the most exciting scientific breakthroughs made by Houstonians this year that are poised to shape the future of energy:

Rice University team develops eco-friendly method to destroy 'forever chemicals' in water

Rice University researchers have developed a new method for removing PFAS from water that works 100 times faster than traditional filters. Photo via Rice University.

Rice University researchers have teamed up with South Korean scientists to develop the first eco-friendly technology that captures and destroys toxic “forever chemicals,” or PFAS, in water. The Rice-led study centered on a layered double hydroxide (LDH) material made from copper and aluminum that could rapidly capture PFAS and be used to destroy the chemicals.

UH researchers make breakthrough in cutting carbon capture costs

UH carbon capture cost cutting

A team from UH has published two breakthrough studies that could help cut costs and boost efficiency in carbon capture. Photo courtesy UH.

A team of researchers at the University of Houston has made two breakthroughs in addressing climate change and potentially reducing the cost of capturing harmful emissions from power plants. Led by Professor Mim Rahimi at UH’s Cullen College of Engineering, the team first introduced a membraneless electrochemical process that cuts energy requirements and costs for amine-based carbon dioxide capture during the acid gas sweetening process.The second breakthrough displayed a reversible flow battery architecture that absorbs CO2 during charging and releases it upon discharge.

Houston team’s discovery brings solid-state batteries closer to EV use

Houston researchers have uncovered why solid-state batteries break down and what could be done to slow the process. Photo via Getty Images.

A team of researchers from the University of Houston, Rice University and Brown University has uncovered new findings that could extend battery life and potentially change the electric vehicle landscape. Their work deployed a powerful, high-resolution imaging technique known as operando scanning electron microscopy to better understand why solid-state batteries break down and what could be done to slow the process.

Houston researchers make breakthrough on electricity-generating bacteria

A team of Rice researchers, including Caroline Ajo-Franklin and Biki Bapi Kundu, has uncovered how certain bacteria breathe by generating electricity. Photo by Jeff Fitlow/Rice University.

Research from Rice University that merges biology with electrochemistry has uncovered new findings on how some bacteria generate electricity. Research showed how some bacteria use compounds called naphthoquinones, rather than oxygen, to transfer electrons to external surfaces in a process known as extracellular respiration. In other words, the bacteria are exhale electricity as they breathe. This process has been observed by scientists for years, but the Rice team's deeper understanding of its mechanism is a major breakthrough, with implications for the clean energy and industrial biotechnology sectors, according to the university.

Rice researchers' quantum breakthrough could pave the way for next-gen superconductors

Researchers from Rice University say their recent findings could revolutionize power grids, making energy transmission more efficient. Image via Getty Images.

A study from researchers at Rice University could lead to future advances in superconductors with the potential to transform energy use. The study revealed that electrons in strange metals, which exhibit unusual resistance to electricity and behave strangely at low temperatures, become more entangled at a specific tipping point, shedding new light on these materials. The materials share a close connection with high-temperature superconductors, which have the potential to transmit electricity without energy loss, according to the researchers. By unblocking their properties, researchers believe this could revolutionize power grids and make energy transmission more efficient.

UH researchers develop breakthrough material to boost efficiency of sodium-ion batteries

A team at the University of Houston is changing the game for sodium-ion batteries. Photo via Getty Images

A research lab at the University of Houston developed a new type of material for sodium-ion batteries that could make them more efficient and boost their energy performance. The Canepa Research Laboratory is working on a new material called sodium vanadium phosphate, which improves sodium-ion battery performance by increasing the energy density. This material brings sodium technology closer to competing with lithium-ion batteries, according to the researchers.

Houston researchers make headway on developing low-cost sodium-ion batteries

Houston researchers make headway on developing low-cost sodium-ion batteries

Rice's Atin Pramanik and a team in Pulickel Ajayan's lab shared new findings that offer a sustainable alternative to lithium batteries by enhancing sodium and potassium ion storage. Photo by Jeff Fitlow/Courtesy Rice University

A new study by researchers from Rice University’s Department of Materials Science and NanoEngineering, Baylor University and the Indian Institute of Science Education and Research Thiruvananthapuram has introduced a solution that could help develop more affordable and sustainable sodium-ion batteries. The team worked with tiny cone- and disc-shaped carbon materials from oil and gas industry byproducts with a pure graphitic structure. The forms allow for more efficient energy storage with larger sodium and potassium ions, which is a challenge for anodes in battery research. Sodium and potassium are more widely available and cheaper than lithium.

Houston scientists develop 'recharge-to-recycle' reactor for lithium-ion batteries

Rice University scientists' “recharge-to-recycle” reactor has major implications for the electric vehicle sector. Photo courtesy Jorge Vidal/Rice University.

Engineers at Rice University have developed a cleaner, innovative process to turn end-of-life lithium-ion battery waste into new lithium feedstock. The findings demonstrate how the team’s new “recharge-to-recycle” reactor recharges the battery’s waste cathode materials to coax out lithium ions into water. The team was then able to form high-purity lithium hydroxide, which was clean enough to feed directly back into battery manufacturing. The study has major implications for the electric vehicle sector, which significantly contributes to the waste stream from end-of-life battery packs.

Houston researchers develop strong biomaterial that could replace plastic

A team led by M.A.S.R. Saadi and Muhammad Maksud Rahman has developed a biomaterial that they hope could be used for the “next disposable water bottle." Photo courtesy Rice University.

Collaborators from two Houston universities are leading the way in engineering a biomaterial into a scalable, multifunctional material that could potentially replace plastic. The study introduced a biosynthesis technique that aligns bacterial cellulose fibers in real-time, which resulted in robust biopolymer sheets with “exceptional mechanical properties.” Ultimately, the scientists hope this discovery could be used for the “next disposable water bottle,” which would be made by biodegradable biopolymers in bacterial cellulose, an abundant resource on Earth. Additionally, the team sees applications for the materials in the packaging, breathable textiles, electronics, food and energy sectors.

Houston researchers reach 'surprising' revelation in materials recycling efforts

A team led by Matteo Pasquali, director of Rice’s Carbon Hub, has unveiled how carbon nanotube fibers can be a sustainable alternative to materials like steel, copper and aluminum. Photo by Jeff Fitlow/ Courtesy Rice University

Researchers at Rice University have demonstrated how carbon nanotube (CNT) fibers can be fully recycled without any loss in their structure or properties. The discovery shows that CNT fibers could be used as a sustainable alternative to traditional materials like metals, polymers and the larger, harder-to-recycle carbon fibers, which the team hopes can pave the way for more sustainable and efficient recycling efforts.

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