CHARLESTON, W.Va. — West Virginia Attorney General JB McCuskey is leading a 25‑state coalition urging the U.S. Supreme Court to overturn a Biden‑era Environmental Protection Agency regulation he argues will raise costs, restrict economic growth, and jeopardize jobs across West Virginia and much of the country.
McCuskey, joined by Kentucky Attorney General Russell Coleman, said the EPA’s 2024 rule dramatically tightened limits on fine particulate matter — tiny airborne particles — despite what he called “no existing air quality problem” to justify such a change. The attorneys general contend the regulation would impose steep compliance costs on manufacturers, utilities, farmers, small businesses, and even homeowners, while offering little measurable public‑health benefit.
According to the petition, the rule could block new manufacturing permits, halt infrastructure projects, and push companies to relocate operations overseas. A coalition of business groups — including the U.S. Chamber of Commerce and the National Association of Manufacturers — has also warned the stricter standard could discourage domestic investment and shift development to countries with weaker environmental rules.
“This regulation threatens the jobs and affordable energy our state depends on,” McCuskey said. “West Virginia knows firsthand what it costs families and businesses when Washington imposes rules disconnected from common sense. Reversing this regulation is a step in the right direction.”
Coleman echoed that sentiment, calling the rule “nonsensical” and arguing it was driven by politics rather than public health. “We’re asking the U.S. Supreme Court to end the administrative overreach stymying Kentucky’s economic potential,” he said.
The attorneys general note that the United States already enforces some of the world’s strictest air‑quality standards — tougher than those in the European Union and far more stringent than major global polluters such as China, India, and Indonesia.
States joining West Virginia and Kentucky include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.
