Trump EPA Misses Legal Deadline to Reduce Deadly Air Pollution

Legal document

Washington, D.C. — 

The Trump administration’s Environmental Protection Agency (EPA) has failed to meet a Feb. 7 deadline to designate areas in violation of the strengthened 2024 national air quality standard for soot, as required under the Clean Air Act. These designations are the first step toward bringing dangerous soot pollution levels down into compliance with that health-based standard, which the EPA projects will save thousands of lives annually.

Yesterday, nearly 20 health, community, and environmental groups around the country officially put the EPA on notice of their intent to pursue legal action unless the EPA issues the overdue designations.

“The EPA’s inaction isn’t just illegal; it’s a reckless forsaking of human health,” said Seth Johnson, senior attorney at Earthjustice. “The 2024 soot standard is the law, supported by EPA’s own scientific evidence, so this is an indefensible move. It is absolutely EPA’s legal responsibility to designate the areas that are not in compliance so that they can start taking the commonsense steps the Clean Air Act requires to ensure all Americans breathe clean air. Implementing the 2024 standard is not about assigning blame, it’s about saving lives.”

Last year, EPA reversed course and asked a federal court to strike down the updated National Ambient Air Quality Standard limit for PM2.5, also known as soot, which EPA strengthened in 2024. The rule requires reductions in the amount of deadly pollution in the air people breathe to protect people’s health.  The EPA did not dispute the overwhelming scientific evidence supporting the more protective standard and projects the 2024 standard will save 4,500 lives in 2032 alone.

“As physicians, nurses and respiratory therapists who treat patients with lung disease, we know air pollution kills,” said Dr. Alison Lee, MS, ATSF, chair of the American Thoracic Society Environmental Health Policy Committee.  “Exposure to particulate matter pollution triggers asthma attacks, chronic obstructive pulmonary disease exacerbations, heart attacks, emergency room visits, hospitalizations, and premature death.  The EPA has a duty to protect the American public from the dangers of air pollution by ensuring all communities meet the existing pollution standards.”

Health, environmental, and community groups, along with a coalition of states led by California, have asked the federal court to uphold the 2024 standard. The case is pending, and the 2024 soot standard remains in effect.

The Clean Air Act requires EPA to designate areas that are in violation of the standard as “nonattainment” and put them on a path to clean air, but the agency has failed to do so by the legally required deadline. The most recent official data shows over 75 million people live in counties that have air quality that violates the 2024 soot standard. Read more about Earthjustice’s analysis of EPA’s failed implementation.

Soot pollution stems largely from burning fossil fuels for electricity, manufacturing, transportation, and agriculture. It causes premature death and is further linked to cancer, asthma attacks, and hospitalizations and emergency room visits for severe heart and lung diseases.

See national data on soot and smog pollution.

The groups sending the letter announcing possible legal action are Alliance of Nurses for Healthy Environments, American Lung Association, American Public Health Association, American Thoracic Society, Center for Biological Diversity, Northeast Ohio Community Resilience Centre (Cleveland, OH), Rio Grande International Study Center (Laredo, TX), RiSE4EJ (Kansas City, KS & MO), and Sierra Club, all represented by Earthjustice; NRDC (Natural Resources Defense Council); Environmental Defense Fund; Citizens for Pennsylvania’s Future, Clean Air Council, Conservation Law Foundation, and Michigan Environmental Council, all represented by Clean Air Task Force; and CleanAIRE NC,  Savannah Riverkeeper, and Georgia Interfaith Power & Light, all represented by Southern Environmental Law Center.

Quotes from our clients and partners 

“By failing to make timely designations, EPA has once again failed to take mandatory action to safeguard public health under the Clean Air Act and instead subverts its obligation to regulate air pollution and hold polluters accountable,” said Hayden Hashimoto, attorney at Clean Air Task Force. “EPA’s own findings show that reducing soot pollution would save thousands of lives, yet the Trump administration’s EPA has ignored the science in its efforts to dismantle Clean Air Act regulations. EPA’s inaction blatantly disregards the law it claims to be following – and our communities will suffer.”

“The 2024 PM2.5 standard represents a step towards stronger public health protections, especially for communities who are disproportionately harmed by continuous exposure to particulate matter. Delaying designations puts Midwest communities that need it the most at continued risk and represents a step backwards for ensuring that no community, and no child, is left to breathe unhealthy air regardless of their zip code,” said Beto Lugo Martinez, of RiSE4EJ, a Kansas City-based group.

“Nurses witness firsthand the toll that air pollution, especially particle pollution, has on people’s health,” said Katie Huffling, DNP, RN, CNM, FAAN, executive director of the Alliance of Nurses for Healthy Environments. “Nurses advocated for a strong and health protective PM2.5 standard because the science is clear – soot pollution harms health.  It is critical that EPA fulfill its legal obligation to protect communities across the country from hazardous air pollution.”

“Particle pollution kills thousands of people in the United States each year,” said Harold Wimmer, president and CEO of the American Lung Association. “The Lung Association and other health organizations championed these limits on soot because the science is clear: they will save lives and prevent asthma attacks. But that promise is only fulfilled if EPA does its job and ensures that places with unhealthy levels of soot put in place measures to clean it up. EPA’s failure to take this step on time means people will suffer health harms that should have been prevented.”

“Particulate matter pollution can cause asthma attacks, chronic obstructive pulmonary disease exacerbations, heart attacks, strokes, lung cancer and premature death. It can harm even the healthiest, but millions of individuals across the U.S. are at greater risk if they have respiratory disease or are one of the nearly 25 million Americans with asthma. PM exposure also disproportionately impacts the health of low-income and minority communities, who often live near polluting sources,” said Dr. Georges C. Benjamin, executive director of the American Public Health Association.  “EPA must act now to designate areas that are not meeting the 2024 standards and hold them accountable to protect the public’s health.”

“Every day of the Trump EPA’s illegal delay is another day that over 75 million people across the country are exposed to soot pollution that kills, causes cancer, and chokes lungs,” said Ryan Maher, a staff attorney at the Center for Biological Diversity. “Instead of shielding children, the elderly and pregnant people, who are all especially vulnerable to soot pollution, the EPA is protecting only the profits of the industries creating the filthy air.”

“Trump’s EPA is trying to weaken a life-saving health standard and keep the public in the dark about where the air is unsafe — so polluters can dodge the cleanup the law requires,” said John Walke, senior attorney and director of federal clean air at NRDC. “That’s like disabling the smoke detector and telling families to sleep through the danger.”

“EPA’s attempt to delay or dodge its obligation to give states the tools they need to reduce deadly soot pollution puts Southern communities at even greater risk, especially communities of color and those living below the poverty line often surrounded by industry,” said Caroline Cress, senior attorney for the Southern Environmental Law Center. “Cities including Atlanta, Augusta, and Charlotte can’t afford for EPA to continue to push off designating these areas where people are already suffering from the serious health risks of breathing unhealthy air.”

“The Clean Air Act is not a suggestion; it is a mandate to protect the very air we breathe,” said Jeffrey Robbins, executive director of CleanAIRE NC. “By missing this deadline, the EPA is effectively choosing to leave millions of Americans in the dark about the safety of their air while delaying the urgent work of reducing deadly soot pollution.”

“Augusta communities have some of the highest asthma rates in the nation, and our health suffers because of poor air quality,” said Tonya Bonitatibus of Savannah Riverkeeper. “Instead of protecting human health, EPA is catering to industry and ignoring the very real risks communities are facing. Our children’s health and ability to breathe should take priority over industry saving money on air quality control controls.”

“EPA’s delay is unlawful and deadly,” said Rachel Briggs, staff attorney at Conservation Law Foundation. “Soot pollution kills, and every day the agency fails to act is another day communities are left unprotected. The law is clear, the science is clear, and EPA must do its job.”

“When people inhale soot, the particles are so small that they can pass through the lungs directly into a person’s bloodstream,” said Lawrence Hafetz, legal director of Clean Air Council. “The EPA ignoring its duty to identify areas with illegally high soot levels means more unnecessary funerals, heart attacks, and cardiovascular disease, as well as more children sickened with asthma.”

“Delaying action on deadly soot pollution is a moral and regulatory failure that puts communities of color and vulnerable families at greater risk,” said Codi Norred, executive director of Georgia Interfaith Power & Light. “Caring for our shared Sacred Earth means ensuring that no one is forced to sacrifice their health just to breathe. Everyone deserves the right to clean air.”

“Soot is one of the deadliest types of pollution, and it puts people across the country at increased risk of serious illnesses and early deaths,” said Richard Yates, clean power attorney at Environmental Defense Fund. “EPA’s designation of areas is essential to efforts to limit this pollution in the air we breathe. But EPA has now entirely failed to make any designations – leaving numerous counties with unhealthy levels of soot. EPA must take the actions required by law to protect communities nationwide from this dangerous pollution.”