Justice Department’s Environment and Natural Resources Division Highlights to D.C. Appeals Court the Illegality of 2024 EPA Rule

Earlier this week, the Justice Department’s Environment and Natural Resources Division (ENRD) urged the U.S. Court of Appeals for the D.C. Circuit to void the Environmental Protection Agency (EPA)’s 2024 air quality standard for particulate matter, because EPA recognizes that it took an unlawful regulatory shortcut in imposing the rule.

The Clean Air Act requires the EPA to conduct a thorough review of the underlying science before revising an air quality standard. Under the previous administration, the EPA decided it could not be bothered to do the science, so it took an illegal regulatory shortcut to adopt a stifling and costly national air quality standard for particulate matter through a truncated reconsideration process.

Under President Donald J. Trump’s Administration, the EPA has renewed its commitment to following the law. ENRD’s filing this week concedes the illegality of the 2024 rule. During the Biden Administration, EPA violated the Clean Air Act by issuing its rule without a thorough review of the science and without considering the costs of its shortcut. Discarding the rule would bring EPA back into compliance with the Clean Air Act and protect Americans from burdensome environmental standards that may ultimately do more harm than good.