Court orders EPA to implement federal soot pollution standard

WASHINGTON — A federal court ruled late Friday that the U.S. Environmental Protection Agency (EPA) violated the Clean Air Act by failing to identify areas with unhealthy soot pollution by the deadline required by law. The court ordered EPA to complete and publish nationwide designations by February 6, 2027, clearing the way for stronger protections for communities exposed to dangerous levels of soot pollution.

On behalf of CleanAIRE NC, Georgia Interfaith Power & Light, and Savannah Riverkeeper, the Southern Environmental Law Center filed suit in the U.S. District Court for the Northern District of California in April, along with Clean Air Task Force and Earthjustice representing a broader coalition totaling 17 groups. The groups filed suit after EPA failed to implement the strengthened 2024 national standard for particulate matter air pollution and missed its February 7 deadline to designate areas as either meeting or violating the standard.

The court rejected EPA’s argument that the groups needed to prove harm in every individual county across the country and held that because the Clean Air Act requires EPA to make these air quality determinations nationwide, it was clear the agency had failed to do so.

The decision acknowledges the significant public health harms from breathing unhealthy levels of soot pollution, noting that EPA did not dispute the well-established science linking soot pollution to serious health problems, including heart disease, respiratory illnesses, neurological harm, lung cancer, and premature death.

The court also specifically highlights Savannah Riverkeeper as one of the organizations whose mission is directly tied to protecting the public from this type of pollution, which is especially harmful for Southern communities. The most recent data shows that multiple metro areas across the South are violating the strengthened 2024 standard, including Atlanta, Augusta, Birmingham, and Macon, among others.

“We’re pleased the court confirmed that EPA cannot simply refuse to comply with its legal obligation to identify communities that are suffering from exposure to unhealthy levels of soot pollution,” said Caroline Cress, Senior Attorney at the Southern Environmental Law Center. “Issuing designations is a critical first step toward reducing one of the country’s deadliest forms of air pollution. At a time when many communities across the South continue to breathe unhealthy air, EPA must now move quickly to begin delivering the public health protections the Clean Air Act requires.”

“The court affirmed what we’ve long known to be true: the EPA has a responsibility to protect people from dangerous soot pollution, and communities have every right to hold the agency accountable when it falls short,” said Marqus Cole, Organizing Director with Georgia Interfaith Power & Light (GIPL). “For the thousands of Georgians living in the eight counties that currently violate the federal standard, this ruling moves us closer to the cleaner, healthier air they deserve.”

“There may not be an ‘AirKeeper,’ but protecting the health and well-being of the Savannah River Basin means protecting every part of the environment that sustains our communities—our land, water, and air,” said Tonya Bonitatibus, Riverkeeper/Executive Director at Savannah Riverkeeper. “These systems are inseparable. Cleaner air means healthier people, healthier forests, and healthier rivers. If we are serious about safeguarding this watershed for future generations, we have to care about every breath we take as much as every drop of water we protect.”

“This ruling is a massive victory for the health of North Carolina communities,” said Jeffrey Robbins, Executive Director of CleanAIRE NC. “The court has made it crystal clear: the EPA cannot simply ignore statutory deadlines or sidestep its legal duty to protect the public from deadly soot. For too long, administrative delays have left millions of Americans in the dark about the air they breathe. This decision compels the agency to stop stalling, follow the Clean Air Act, and finally implement the standards that will save thousands of lives and clear the path toward healthier neighborhoods.”

Background:

Days after EPA missed its February 7 deadline to designate areas that are violating the federal soot pollution standard, 17 faith, environmental, and community groups officially put the EPA on notice of our intent to pursue legal action unless the agency issued the overdue designations.

EPA did not respond to the notice letter, nor did it take any action on issuing the designations. In April, the groups filed suit against the Environmental Protection Agency (EPA) for failing to implement the strengthened 2024 national standard for particulate matter air pollution.

The coalition also filed a motion for summary judgment requesting a court-ordered deadline for EPA to carry out its overdue legal requirement to designate areas that are violating the standard.

EPA has estimated that the strengthened standard will prevent up to 4,500 premature deaths annually, avoid 800,000 cases of asthma symptoms and 2,000 emergency room visits, and yield up to $46 billion in net health benefits once implemented. EPA’s failure to implement the standard by the legal deadline puts communities at greater risk of breathing in more deadly pollution, and the stakes are particularly high for Southern communities.

The most recent data shows that multiple metro areas across the South are violating the strengthened 2024 standard, including Atlanta, Augusta, Charlotte, Birmingham, and Macon, among others. Many of the hardest-hit neighborhoods are communities of color and low-income communities located near industrial facilities.

The coalition members that Clean Air Task Force, Earthjustice and Southern Environmental Law Center filed on behalf of include Alliance of Nurses for Healthy Environments, American Lung Association, American Public Health Association, American Thoracic Society, Center for Biological Diversity, Citizens for Pennsylvania’s Future, Clean Air Council, CleanAIRE NC, Conservation Law Foundation, Environmental Defense Fund, Georgia Interfaith Power & Light, Michigan Environmental Council, Natural Resources Defense Council, Northeast Ohio Community Resilience Centre, Rio Grande International Study Center, Savannah Riverkeeper, and Sierra Club.