17吃瓜在线, Partners File Opening Brief in Suit Against EPA
On Thursday, the 17吃瓜在线, joined by other business groups, filed the in their pending lawsuit against the Environmental Protection Agency.
What鈥檚 going on: In March, the groups the D.C. Circuit to review the EPA鈥檚 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 Act鈥攖he law that authorizes it to establish the NAAQS鈥攖o 鈥渞econsider鈥 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 鈥渞easoned explanation for key aspects of its decision.鈥
- The groups participating in the suit with the 17吃瓜在线 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 it鈥檚 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 鈥渁re indisputably handicapped in their ability to reduce emissions to meet the new NAAQS鈥 due to factors beyond municipalities鈥 and manufacturers鈥 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 administration鈥檚 own 鈥淚nvesting in America鈥 agenda, as it would stifle investment in manufacturing and kill鈥攏ot create鈥攚ell-paying manufacturing jobs.
What should be done: The rule should be vacated as soon as possible, the groups told the court.