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EPA Asks Court to Toss Biden-Era Soot Rule, Seeks Return to Looser Standard

08:01 AM, 11/26/2025

The EPA filed in federal court seeking to vacate a Biden-era rule that tightened the annual fine particulate (PM2.5) limit to 9 µg/m³, asking that the prior 12 µg/m³ standard be restored. The agency says the Biden rule was procedurally flawed and lacked the required stepwise analysis. Supporters of the stricter limit say it could prevent up to 4,500 premature deaths in 2032, while industry and some officials warn of substantial compliance costs. The court’s decision will determine which standard—9 or 12 µg/m³—remains in effect.

The Environmental Protection Agency, under the current administration, asked a federal court on Monday to set aside a Biden-era rule that tightened the annual limit for fine particulate matter (PM2.5), commonly called soot. In a court filing, the agency said the prior administration adopted the stricter standard through a procedurally flawed process and urged the court to vacate the rule.

The Biden rule lowered the annual PM2.5 limit to 9 µg/m³. The EPA now asks the court to restore a looser standard of 12 µg/m³, a level first adopted during the Obama years and maintained in early Trump administration guidance. In its filing the agency contends the previous rulemaking took a “shortcut,” strengthening the standard “without the rigorous, stepwise process that Congress required.”

“EPA now confesses error and urges this Court to vacate the Rule,” the agency wrote in the filing.

Public-health researchers have linked exposure to fine particulate matter to premature death, heart attacks, asthma exacerbations and other serious health problems. When the Biden administration proposed the 9 µg/m³ standard, it estimated the change could prevent as many as 4,500 premature deaths in 2032, the first year states would be required to meet the new limit.

Industry groups and many Republican lawmakers opposed the tightened standard, arguing it would be difficult and costly to meet. An EPA spokesperson told reporters that the Biden rule would impose costs “in the hundreds of millions, if not billions of dollars to American citizens if allowed to be implemented” and asserted the rule lacked a full statutory analysis of the available science.

Environmental advocates counter that loosening the standard would worsen health outcomes. Dominique Browning, director of Moms Clean Air Force, warned the rollback would mean “more lung cancers, more asthma attacks, more heart attacks, more premature births—more families hit with the stress and trauma of illness.”

The case sets up a judicial decision that could determine whether the stricter Biden-era soot limit remains in force or whether the previous 12 µg/m³ standard is restored. The court will consider whether the agency followed required procedures and adequately evaluated the scientific evidence and costs before changing the standard.

What to watch next: The timeline for the court’s decision and any regulatory actions from the EPA will shape how states, industries, and public-health officials plan for compliance and public-safety protections.

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EPA Asks Court to Toss Biden-Era Soot Rule, Seeks Return to Looser Standard - CRBC News