Additional Information
U.S. Chamber: New Air Quality Regulations Will Cause Permitting GridlockCase Updates
U.S. Chamber coalition files response supporting EPA’s motion for vacatur, which confessed error in the coalition’s litigation challenging EPA’s 2024 rule revising the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM2.5)
December 04, 2025
The Chamber further explains that the Chenery doctrine and the party presentation principle each preclude the court from relying on a statutory provision that neither the rule nor EPA’s response brief invoked as a basis for the rule.
Reconsidering its position, Environmental Protection Agency moves for vacatur in U.S. Chamber coalition’s challenge to EPA’s 2024 rule revising the National Ambient Air Quality Standards for particulate matter
November 24, 2025
Confessing error, the EPA now agrees with the Chamber that the 2024 rule unlawfully revised the standards without performing the thorough review that the Clean Air Act requires for such actions.
U.S. Chamber coalition files reply brief
September 30, 2024
U.S. Chamber coalition files opening brief in challenge to EPA rule revising the National Ambient Air Quality Standards for particulate matter (PM2.5) under the Clean Air Act
June 06, 2024
U.S. Chamber and co-petitioners file petition for review in D.C. Circuit challenging EPA rule, issued under the Clean Air Act, tightening the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM2.5)
March 06, 2024
Elbert Lin, Lucinda Minton Langworthy, and Erica N. Peterson of Hunton Andrews Kurth LLP served as outside counsel.
Case Documents
- Petition for Review -- Chamber v. EPA (D.C. Circuit)
- Federal Register Rule: Reconsideration of the National Ambient Air Quality Standards for Particulate Matter - Final Rule
- Opening Brief -- Chamber v. EPA (DC Circuit)
- EPA Opposition Brief -- Chamber v. EPA (D.C. Circuit)
- Industry Reply Brief -- Chamber v. EPA (D.C. Circuit)
- DOJ Motion for Vacatur -- Chamber v. EPA (D.C. Circuit)
- Industry Response to Motion for Vacatur -- Kentucky v. EPA (D.C. Circuit)