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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1PointFive secures new buyer for Texas CO2 removal project​

seeing green

Houston’s Occidental Petroleum Corp., or Oxy, and its subsidiary 1PointFive have secured another carbon removal credit deal for its $1.3 billion direct air capture (DAC) project, Stratos.

California-based Palo Alto Networks has agreed to purchase 10,000 tons of carbon dioxide removal (CDR) credits over five years from the project, according to a news release.

The company joins others like Microsoft, Amazon, AT&T, Airbus, the Houston Astros and the Houston Texans that have agreed to buy CDR credits from 1Point5.

"Collaborating with 1PointFive in this carbon removal credit agreement highlights our proactive approach toward exploring innovative solutions for a greener future,” BJ Jenkins, president of Palo Alto Networks, said in the release.

The Texas-based Stratos project is slated to come online this year near Odessa. It's being developed through a joint venture with investment manager BlackRock and is designed to capture up to 500,000 metric tons of CO2 per year. The U.S Environmental Protection Agency recently approved Class VI permits for the project.

DAC technology pulls CO2 from the air at any location, not just where carbon dioxide is emitted. Under the agreement with Palo Alto Networks and others, the carbon dioxide that underlies the credits will be stored in a below-the-surface saline aquifer and won’t be used to produce oil or gas.

“We look forward to collaborating with Palo Alto Networks and using Direct Air Capture to help advance their sustainability strategy,” Michael Avery, president and general manager of 1PointFive, said in the release. “This agreement continues to build momentum for high-integrity carbon removal while furthering DAC technology to support energy development in the United States.”

Houston researchers develop strong biomaterial that could replace plastic

plastic problem

Collaborators from two Houston universities are leading the way in engineering a biomaterial into a scalable, multifunctional material that could potentially replace plastic.

The research was led by Muhammad Maksud Rahman, an assistant professor of mechanical and aerospace engineering at the University of Houston and an adjunct assistant professor of materials science and nanoengineering at Rice University. The team shared its findings in a study in the journal Nature Communications earlier this month. M.A.S.R. Saadi, a doctoral student in material science and nanoengineering at Rice, served as the first author.

The study introduced a biosynthesis technique that aligns bacterial cellulose fibers in real-time, which resulted in robust biopolymer sheets with “exceptional mechanical properties,” according to the researchers.

Biomaterials typically have weaker mechanical properties than their synthetic counterparts. However, the team was able to develop sheets of material with similar strengths to some metals and glasses. And still, the material was foldable and fully biodegradable.

To achieve this, the team developed a rotational bioreactor and utilized fluid motion to guide the bacteria fibers into a consistent alignment, rather than allowing them to align randomly, as they would in nature.

The process also allowed the team to easily integrate nanoscale additives—like graphene, carbon nanotubes and boron nitride—making the sheets stronger and improving the thermal properties.

“This dynamic biosynthesis approach enables the creation of stronger materials with greater functionality,” Saadi said in a release. “The method allows for the easy integration of various nanoscale additives directly into the bacterial cellulose, making it possible to customize material properties for specific applications.”

Ultimately, the scientists at UH and Rice 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.

“We envision these strong, multifunctional and eco-friendly bacterial cellulose sheets becoming ubiquitous, replacing plastics in various industries and helping mitigate environmental damage,” Rahman said the release.

America's only rare earth producer announces $500M agreement with Apple

Digging In

MP Materials, which runs the only American rare earths mine, announced a new $500 million agreement with tech giant Apple on Tuesday to produce more of the powerful magnets used in iPhones as well as other high-tech products like electric vehicles.

This news comes on the heels of last week’s announcement that the U.S. Defense Department agreed to invest $400 million in shares of the Las Vegas-based company. That will make the government the largest shareholder in MP Materials and help increase magnet production.

Despite their name, the 17 rare earth elements aren’t actually rare, but it’s hard to find them in a high enough concentration to make a mine worth the investment.

They are important ingredients in everything from smartphones and submarines to EVs and fighter jets, and it's those military applications that have made rare earths a key concern in ongoing U.S. trade talks. That's because China dominates the market and imposed new limits on exports after President Donald Trump announced his widespread tariffs. When shipments dried up, the two sides sat down in London.

The agreement with Apple will allow MP Materials to further expand its new factory in Texas to use recycled materials to produce the magnets that make iPhones vibrate. The company expects to start producing magnets for GM's electric vehicles later this year and this agreement will let it start producing magnets for Apple in 2027.

The Apple agreement represents a sliver of the company's pledge to invest $500 billion domestically during the Trump administration. And although the deal will provide a significant boost for MP Materials, the agreement with the Defense Department may be even more meaningful.

Neha Mukherjee, a rare earths analyst with Benchmark Mineral Intelligence, said in a research note that the Pentagon's 10-year promise to guarantee a minimum price for the key elements of neodymium and praseodymium will guarantee stable revenue for MP Minerals and protect it from potential price cuts by Chinese producers that are subsidized by their government.

“This is the kind of long-term commitment needed to reshape global rare earth supply chains," Mukherjee said.

Trump has made it a priority to try to reduce American reliance on China for rare earths. His administration is both helping MP Materials and trying to encourage the development of new mines that would take years to come to fruition. China has agreed to issue some permits for rare earth exports but not for military uses, and much uncertainty remains about their supply. The fear is that the trade war between the world’s two biggest economies could lead to a critical shortage of rare earth elements that could disrupt production of a variety of products. MP Materials can't satisfy all of the U.S. demand from its Mountain Pass mine in California’s Mojave Desert.

The deals by MP Materials come as Beijing and Washington have agreed to walk back on their non-tariff measures: China is to grant export permits for rare earth magnets to the U.S., and the U.S. is easing export controls on chip design software and jet engines. The truce is intended to ease tensions and prevent any catastrophic fall-off in bilateral relations, but is unlikely to address fundamental differences as both governments take steps to reduce dependency on each other.