Republican AGs Seek Judicial Review of EPA Air Quality Rule

  • A coalition of 24 Republican AGs, co-led by West Virginia AG Patrick Morrisey and Kentucky AG Russell Coleman, has filed a petition for judicial review with the U.S. Court of Appeals for the D.C. Circuit challenging a new air quality rule introduced by the EPA, which includes a reduction in the annual particulate matter standard and updates the EPA’s air quality index.
  • In the press release, the AGs argue the agency’s rule could prevent the issuance of permits for new manufacturing facilities, potentially driving well-paying jobs abroad and increasing costs for manufacturers, utilities and families. Furthermore, the AGs suggest that the rule could halt new infrastructure construction, impacting the safety of roads and bridges.
  • In the petition, the AGs assert that, should the court review the agency action, the AGs will prove that the final rule exceeds the EPA’s statutory authority and is otherwise arbitrary, capricious, an abuse of discretion, and not in accordance with law. The AGs request that the Court of Appeals declare the final rule unlawful and vacate the EPA’s final action.