NAM Seeks SCOTUS Review
The National Association of Manufacturers asks the US Supreme Court to review EPA air quality standards
The National Association of Manufacturers, or NAM, has filed a petition for certiorari with the US Supreme Court, asking it to review and reverse a decision by the DC Circuit that upheld the Environmental Protection Agency's, or EPA's, new air quality standard for fine particulate matter, or PM2.5. The NAM and other business groups argue that the EPA did not have the authority to change the standards without a proper review.
Background on the EPA Rule
The EPA lowered the National Ambient Air Quality Standards for PM2.5 from 12 micrograms per cubic meter to 9 in 2024, after leaving them unchanged in its 2020 review. The NAM and seven leading business groups challenged the rule in the DC Circuit, arguing that the EPA did not follow the proper procedure for changing the standards.
Impact on Manufacturing
According to the NAM, a standard of 9 micrograms per cubic meter threatens at least 474 manufacturing projects announced in the US since January 1, 2025, representing nearly $1 trillion in investment and more than 122,000 American jobs. The NAM's Chief Legal Officer and Corporate Secretary, Linda Kelly, said that manufacturers have fought the rule from the beginning because of its potential consequences for investment, growth, and American competitiveness.
NAM's Argument
The NAM argues that the EPA's rule is unlawful and that the DC Circuit should not have upheld it. Kelly said that an agency cannot simply disregard the substantive safeguards required by Congress to impose a sweeping new regulatory burden, and that a court should not rescue an unlawful rule with an argument the government never raised. The NAM's petition for certiorari asks the Supreme Court to review the DC Circuit's decision and reverse the EPA's rule.
Conclusion of NAM's Request
The NAM's request to the Supreme Court is based on its analysis of the potential impact of the EPA's rule on manufacturing projects in the US. The NAM's data shows that the rule could put at risk nearly $1 trillion in investment and more than 122,000 American jobs. The NAM's Chief Legal Officer, Linda Kelly, said that manufacturers need the ability to obtain permits, expand operations, modernize facilities, and invest in communities across the country, and that the EPA's standard puts those investments and the jobs they support at risk.
According to the NAM, the following manufacturing projects are at risk due to the new standard:
