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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Texas could topple Virginia as biggest data-center market by 2030, JLL report says

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Everything’s bigger in Texas, they say—and that phrase now applies to the state’s growing data-center presence.

A new report from commercial real estate services provider JLL says Texas could overtake Northern Virginia as the world’s largest data-center market by 2030. Northern Virginia is a longtime holder of that title.

What’s driving Texas’ increasingly larger role in the data-center market? The key factor is artificial intelligence.

Companies like Google and Microsoft need more energy-hungry data centers to power AI innovations. In a 2023 article, Forbes explained that AI models consume a lot of energy because of the massive amount of data used to train them, as well as the complexity of those models and the rising volume of tasks assigned to AI.

“The data-center sector has officially entered hyperdrive,” Andy Cvengros, executive managing director at JLL and co-leader of its U.S. data-center business, said in the report. “Record-low vacancy sustained over two consecutive years provides compelling evidence against bubble concerns, especially when nearly all our massive construction pipeline is already pre-committed by investment-grade tenants.”

Dallas-Fort Worth has long dominated the Texas data-center market. But in recent years, West Texas has emerged as a popular territory for building data-center campuses, thanks in large part to an abundance of land and energy. Nearly two-thirds of data-center construction underway now is happening in “frontier markets” like West Texas, Ohio, Tennessee and Wisconsin, the JLL report says.

Northern Virginia, the current data-center champ in the U.S., boasted a data-center market with 6,315 megawatts of capacity at the end of 2025, the report says. That compares with 2,423 megawatts in Dallas-Fort Worth, 1,700 megawatts in the Austin-San Antonio corridor, 200 megawatts in West Texas, and 164 megawatts in Houston.

Fervo taps into its hottest-ever geothermal reservoir

heat record

Things are heating up at Houston-based geothermal power company Fervo Energy.

Fervo recently drilled its hottest well so far at a new geothermal site in western Utah. Fewer than 11 days of drilling more than 11,000 feet deep at Project Blanford showed temperatures above 555 degrees Fahrenheit, which exceeds requirements for commercial viability. Fervo used proprietary AI-driven analytics for the test.

Hotter geothermal reservoirs produce more energy and improve what’s known as energy conversion efficiency, which is the ratio of useful energy output to total energy input.

“Fervo’s exploration strategy has always been underpinned by the seamless integration of cutting-edge data acquisition and advanced analytics,” Jack Norbeck, Fervo’s co-founder and chief technology officer, said in a news release. “This latest ultra-high temperature discovery highlights our team’s ability to detect and develop EGS sweet spots using AI-enhanced geophysical techniques.”

Fervo says an independent review confirms the site’s multigigawatt potential.

The company has increasingly tapped into hotter and hotter geothermal reservoirs, going from 365 degrees at Project Red to 400 degrees at Cape Station and now more than 555 degrees at Blanford.

The new site expands Fervo’s geologic footprint. The Blanford reservoir consists of sedimentary formations such as sandstones, claystones and carbonates, which can be drilled more easily and cost-effectively than more commonly targeted granite formations.

Fervo ranks among the top-funded startups in the Houston area. Since its founding in 2017, the company has raised about $1.5 billion. In January, Fervo filed for an IPO that would value the company at $2 billion to $3 billion, according to Axios Pro.