The National Asphalt Pavement Association (NAPA) and 13 other industry groups are asking the U.S. Supreme Court to review a federal appeals court decision that upheld tougher air quality limits for fine particle pollution.
The case centers on PM2.5, a type of fine particulate matter that can come from industrial activity, fuel combustion and other sources.
In 2024, the Environmental Protection Agency (EPA) approved new standards that lowered the allowable level of PM2.5 by 25%. The rule was challenged by a coalition of states, while the Trump administration also moved to roll back the stricter limits.
A federal appeals court ruled in June that the EPA’s tighter standard could remain in effect.
NAPA and the other groups are supporting the states’ request for Supreme Court review through an amicus brief filed by the Job Creators Coalition. The groups argue that the appeals court made an error and that the case raises important questions that could affect businesses across the country.
The brief says the issue could have broad effects beyond the groups directly involved in the lawsuit, particularly for industries that must meet federal and state air quality requirements.
What the New Standard Could Mean for Asphalt Plants
Asphalt mix plants are expected to be able to meet the tighter PM2.5 limits. However, states will need to determine whether individual facilities require additional emissions controls to meet their air quality requirements.
The stricter standard could also affect emissions from fuel-burning equipment and other combustion sources.
The Trump administration and several Republican lawmakers have also asked the Supreme Court to take up the case.
If the Supreme Court agrees to hear it, the decision could have broader implications for how federal air quality standards are applied to industrial facilities across the country.
