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HARRIS COUNTY - Harris County Attorney Abbie Kamin has secured another legal victory with an important court decision that came on the heels of the County joining a nationwide coalition challenging the Environmental Protection Agency (EPA) as part of a lawsuit over the Agency’s failure to implement the lifesaving 2024 Clean Air Act rule strengthening National Ambient Air Quality Standards (NAAQS) for fine particulate matter, commonly known as soot. Soot is a deadly air pollutant emitted from a variety of sources including combustion-engine vehicles, factories, and construction sites.   

Because of the particles’ small size, once inhaled, they can penetrate the lower parts of lungs, move out of the respiratory system, and affect other organs. As a result, soot exposure can lead to myriad health problems, including shortened lifespans, heart attacks, asthma attacks, and cancer. 

"The EPA had a legal obligation to protect communities like ours from dangerous soot pollution—inaction on behalf of the federal government is just as bad. Our office joined this lawsuit to hold EPA accountable, and this ruling confirms the Trump Administration cannot keep ignoring the law while Harris County families are subjected to the worst air in our state. We will continue to utilize all avenues, including the courts, to make sure the EPA follows through,” said Kamin. 

The decision in the U.S. District Court for the Northern District of California requires the EPA to move forward with implementation of important updates to air quality standards called NAAQS. The court's decision denies the EPA's attempt to suspend the lawsuit and rejected the Trump Administration's arguments.  

Reductions in soot are associated with decreases in the risk of mortality and increases in life expectancy. In 2024 EPA strengthened the soot NAAQS based on overwhelming scientific evidence. 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 across the nation, including avoiding 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 would outweigh the estimated costs of implementation by $46 billion. 

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 key support for State programs to reduce dangerous pollution levels to safer levels. EPA ignored this deadline, leading to the multi-state suit, and the court’s decision requires EPA to issue the designations.