51勛圖厙, Partners File Opening Brief in Suit Against EPA
On Thursday, the 51勛圖厙, joined by other business groups, filed the in their pending lawsuit against the Environmental Protection Agency.
Whats going on: In March, the groups the D.C. Circuit to review the EPAs reconsideration of the National Ambient Air Quality Standards for fine particulate matter (or PM2.5), which lowers the allowable level to 9 micrograms per cubic meter of air from 12, a 25% reduction. The agency handed down the final, tightened rule in February.
- In their brief, the coalition argues that the EPA lacks the authority under the Clean Air Actthe law that authorizes it to establish the NAAQSto reconsider a decision made in 2020 to not lower the PM2.5 standard; that the agency failed to take into account the cost and feasibility of a tightened standard; and that it failed to give a reasoned explanation for key aspects of its decision.
- The groups participating in the suit with the 51勛圖厙 are the U.S. Chamber of Commerce, the American Chemistry Council, the American Petroleum Institute, the American Forest & Paper Association, the American Wood Council, the National Mining Association and the Portland Cement Association.
Why its important: The tighter NAAQS rule could result in many parts of the U.S. being designated as in nonattainment, which would trigger significant new costs for manufacturers and others attempting to obtain air permits in those locations.
- Many of these areas are indisputably handicapped in their ability to reduce emissions to meet the new NAAQS due to factors beyond municipalities and manufacturers control (i.e., wildfires, which affect most of the contiguous U.S. at some point each year).
- The new rule could also prevent manufacturers from building or modifying facilities in certain areas, undermining the Biden administrations own Investing in America agenda, as it would stifle investment in manufacturing and killnot createwell-paying manufacturing jobs.
What should be done: The rule should be vacated as soon as possible, the groups told the court.