Court Rejects Industry's Legal Attack on EPA Soot Standard

In a victory for public health, the U.S. Court of Appeals for the District of Columbia today rejected an industry challenge to the U.S. Environmental Protection Agency's 2012 decision to strengthen the national air quality standard for particulate matter (PM), also known as soot. Inhaling soot can cause serious health problems, such as increased asthma and heart attacks and premature death. Children, the elderly, and people with asthma, lung, and heart disease are particularly vulnerable to the health impacts of breathing soot. The updated standards will provide an estimated $4 to $9.1 billion in annual health benefits to the American public.

EPA updated earlier PM standards based on an extensive body of scientific evidence that showed a more protective standard was needed to protect public health. The Clean Air Act requires EPA to review air quality standards at least every five years to ensure that they reflect the most up-to-date scientific and health information.

The EPA's 2012 revision of the soot standard overrode a 2006 decision not to revise the PM standard for long-term (annual) exposures. The 2006 determination came despite a strong recommendation from EPA's science advisors to adopt a more protective standard to adequately protect public health. The advisory committee subsequently chastised EPA's 2006 decision, noting it left "parts of the population of this country at significant risk of adverse health effects from exposure to fine PM."

Industry had challenged several aspects of EPA's 2012 revision on both substantive and procedural grounds. In rejecting industry's various procedural and substantive arguments, the court found that EPA had provided "reasoned explanations" for how it had assessed the scientific evidence and why a stronger standard was needed based on that evidence.

This court decision comes on the heels of two other recent important legal victories for improving air quality and protecting public health. These include a U.S. Supreme Court decision last month upholding  EPA's authority under the Clean Air Act to implement a rule targeting air pollution that crosses state lines and a federal appeals court decision upholding emissions standards for mercury and other hazardous air pollutants from coal- and oil-fired power plants.

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