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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Enbridge activates first solar power project in Texas

power on

Canadian energy company Enbridge Inc., whose gas transmission and midstream operations are based in Houston, has flipped the switch on its first solar power project in Texas.

The Orange Grove project, about 45 miles west of Corpus Christi, is now generating 130 megawatts of energy that feeds into the grid operated by the Electric Reliability Council of Texas (ERCOT). ERCOT supplies electricity to 90 percent of the state.

Orange Grove features 300,000 solar panels installed on more than 920 acres in Jim Wells County. Construction began in 2024.

Telecom giant AT&T has signed a long-term power purchase agreement with Enbridge to buy energy from Orange Grove at a fixed price. Rather than physically acquiring this power, though, AT&T will receive renewable energy certificates. One renewable energy certificate represents the consumption of one megawatt of grid power from renewable energy sources such as solar and wind.

“Orange Grove is a key part of our commitment to develop, construct, and operate onshore renewable projects across North America,” Matthew Akman, executive vice president of corporate strategy and president of renewable power at Enbridge, said in 2024.

Orange Grove isn’t Enbridge’s only Texas project. Enbridge owns the 110-megawatt Keechi wind farm in Jacksboro, about 60 miles northwest of Fort Worth, and the 249.1-megawatt Chapman Ranch wind farm near Corpus Christi, along with a majority stake in the 203.3-megatt Magic Valley I wind farm near Harlingen. The company’s 815-megawatt Sequoia solar project, east of Abilene, is scheduled to go online in early 2026. Enbridge has signed long-term power purchase agreements with AT&T and Toyota North America for energy produced by Sequoia.

During a recent earnings call, Enbridge President and CEO Greg Ebel said that given the “unprecedented demand for power generation across North America,” driven largely by explosive growth in the data center sector, the company expects to unveil more renewable energy projects.

“The policy landscape for renewables is dynamic,” Ebel said, “but we think we are well-positioned with our portfolio of late-stage (projects).”

Houston's Rhythm Energy expands nationally with clean power acquisition

power deal

Houston-based Rhythm Energy Inc. has acquired Inspire Clean Energy for an undisclosed amount. The deal allows Rhythm to immediately scale outside of Texas and into the Northeast, Midwest and mid-Atlantic regions, according to a release from the company.

Inspire offers subscription-based renewable electricity plans to customers in Pennsylvania, New York, New Jersey, Massachusetts, Ohio, Delaware, Illinois, Maryland, and Washington, D.C. By combining forces, Rhythm will now be one of the largest independent green-energy retailers in the country.

“Adding Inspire to the Rhythm family gives us the geographic reach to serve millions of new customers with the highly rated customer experience Texans already enjoy,” PJ Popovic, CEO of Rhythm, said in the release. “Together we become one of the largest independent green-energy retailers in the country and can roll out innovations like our PowerShift Time-of-Use plan and device-enabled demand-response programs that put customers fully in control of their energy costs.”

Rhythm was founded by Popovic in 2020 and offers 100 percent renewable energy plans using solar power, wind power and other renewable power sources.

In addition to scaling geographically, the acquisition will "(marry) Rhythm's data-driven technology with Inspire's successful subscription model." Rhythm also plans to upgrade its digital tools and provide more advanced services to help lower clean energy costs, according to the release.

Popovic spoke with EnergyCapital in 2023 about where he thinks renewables fit into Texas’s energy consumption. Read more here.

Fervo Energy lands $200 million in capital for new geothermal project

fresh funding

Houston-based Fervo Energy, a producer of geothermal power, has secured $205.6 million in capital to help finance its geothermal project in southern Utah.

The money will go toward the first and second phases of Cape Station, a geothermal energy plant being developed in Beaver County, Utah. Beaver County is roughly an equal distance between Salt Lake City and Las Vegas.

The $205.6 million in capital came from three sources:

  • $100 million in equity from Breakthrough Energy Catalyst, a Kirkland, Washington-based platform that invests in emissions-reducing projects.
  • $60 million addition to Fervo’s existing loan from Mercuria, a Swiss energy and commodities trader. The revolving loan now totals $100 million.
  • $45.6 million in additional bridge debt financing from XRL-ALC, an affiliate of Irvington, New York-based X-Caliber Rural Capital. X-Caliber is a USDA-approved lender. The initial bridge loan was $100 million.

The first phase of Cape Station will supply 100 megawatts of carbon-free electricity to the power grid starting next year. Another 400 megawatts of capacity is supposed to go online by 2028. Fervo has permission to expand Cape Station’s capacity to as much as 2 gigawatts. On an annual basis, 2 gigawatts can supply enough electricity to power about 1.4 million homes.

“These investments demonstrate what we’ve known all along: Fervo’s combination of technical excellence, commercial readiness, and market opportunity makes us a natural partner for serious energy capital. The confidence our investors have in Fervo and in the Cape asset affirms that next-generation geothermal is ready to play a defining role in America’s energy future,” David Ulrey, Fervo’s CFO, said in a news release.