Knudsen files lawsuit against Biden EPA rule

HELENA — Montana Attorney General Austin Knudsen, along with 23 other attorneys general, filed a lawsuit Tuesday against the Biden administration’s new air quality rule that would significantly impact state economies and raise energy costs for Montana manufacturers, utilities, and families. This is the 38th lawsuit Attorney General Knudsen has filed against the Biden administration.

The lawsuit was filed in the U.S. Court of Appeals for the D.C. Circuit and challenges the Environmental Protection Agency’s (EPA’s) proposed “Reconsideration of the National Ambient Air Quality Standards for Particulate Matter” rule, which could block the permitting of new manufacturing facilities and drive good-paying jobs out of Montana and overseas; stop new infrastructure construction leading to dangerous roads and bridges; require small businesses, farmers, restaurants and even homeowners to pay for costly new equipment; and raise utility costs for Montana families.

“This is another attempt by President Biden to force his radical green agenda on Americans,” Attorney General Knudsen said. “As attorney general, I will continue to keep Montanan’s best interests in mind and fight back against the Biden administration’s unlawful and overreaching regulations.”

The United States already has some of the strictest air quality standards in the world – tougher than the European Union and far more stringent than the world’s worst polluters, including China, India and Indonesia. Should the EPA’s rule go into effect in May 2024, rather than improving public health it would render 30 percent of all U.S. counties out of compliance under federal law, leading to aggressive new permitting requirements that could block new economic activity or job creation.

The rule would also weaken the U.S. economy while strengthening our competitors. According to a letter led by the U.S. Chamber of Commerce, the National Association of Manufacturers, and 28 other leading industry associations, “lowering the current standard so dramatically would create a perverse disincentive for American investment. The EPA’s proposal could force investment in new facilities to foreign countries with less stringent air standards.”

Attorney General Knudsen joined attorneys general from the following states in the Kentucky and West Virginia-led lawsuit: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and Wyoming.

Press release provided by Montana Department of Justice