MADISON, Wis. – Wisconsin DOJ, as part of a coalition of 13 states and local governments, is suing the United States Environmental Protection Agency (EPA) over its failure to implement a 2024 Clean Air Act rule strengthening national ambient air quality standards (NAAQS) for fine particulate matter, commonly known as soot. In a lawsuit filed earlier today, the coalition called for a court order to ensure EPA takes the steps required by Congress to initiate the rule’s protections and begin implementation planning.

“This is another instance of the Trump administration attempting to take us in the wrong direction on environmental protection, despite the danger to public health,” said AG Kaul. “The administration should be ordered to move forward with the implementation of the 2024 rule.”

Under the Clean Air Act, EPA is required to set NAAQS for several pollutants, including fine particulate matter, at a level that protects public health and welfare. When NAAQS are updated, the Clean Air Act gives EPA a specific deadline to designate areas of the country that are in violation of the updated standard as “nonattainment.” This designation provides support for State programs to reduce dangerous pollution levels to safer levels.

According to its own estimates, EPA has reported that the first year alone of full attainment of the 2024 NAAQS will result in significant public health benefits. Nationwide, this includes avoiding an estimated 4,500 premature deaths, 2,000 emergency room visits, 5,700 new cases of asthma, 800,000 cases of asthma symptoms, 290,000 lost workdays, and 1,000 hospital admissions for Alzheimer’s/Parkinson’s diseases. The value of these and other health benefits is estimated to outweigh the estimated costs of implementation by $46 billion.

The lawsuit alleges that EPA violated the Clean Air Act by failing to designate areas in the United States as in or out of attainment with the 2024 standard. The coalition is seeking both declaratory and injunctive relief, asking the Court to declare EPA’s failure to implement the 2024 standard as unlawful and order it to carry out its responsibility to make attainment designations within 150 days of the court order.

Joining Wisconsin DOJ in filing this lawsuit are the states of California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, New York, Rhode Island, Vermont, and the District of Columbia, as well as Harris County and the City of New York.

View this press release on the DOJ website