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Today, the U.S. Court of Appeals for the D.C. Circuit upheld the national, health-based limit on fine particulate matter (PM2.5), also known as soot, that the Environmental Protection Agency (EPA) strengthened in 2024.
Soot, made up of tiny toxic particles that lodge deep in the lungs, results in severe health harms, including premature death, and comes from sources like vehicle exhaust pipes, power plants, and factories.
The National Ambient Air Quality Standards (NAAQS) for PM2.5 set baseline national air quality standards to reduce the harms of this deadly air pollutant for communities across the country. Last year, in an unprecedented move, Trump’s EPA gave up defending the strengthened standard against challenges from industry and aligned states and asked the court to strike it down on narrow legal grounds, without ever disputing the science underlying the standard. Health, environmental, and community groups, along with a coalition of states led by California, continued to defend the standard.
“Clean air is not a luxury. We are thrilled these vital air quality standards have been upheld by a federal court,” said Patrice Simms, vice president of Healthy Communities at Earthjustice. “The 2024 soot standard is a critical advancement for public health, projected to save thousands of lives every year. Lee Zeldin’s EPA must stop catering to polluters and must instead fulfill its mission to protect public health. The time for implementing the 2024 soot standard is now.”
“Fine particulate matter standards provide critical public health protections. The court correctly rejected EPA’s about-face on the need for a stronger standard,” said Shaun Goho, senior director, Legal Advocacy at Clean Air Task Force. “The science is clear that soot has many serious health impacts, particularly for children, the elderly, and those with asthma. By EPA’s own estimate, implementing the 2024 soot standard will prevent 800,000 cases of asthma symptoms, 2,000 hospital visits, and 4,500 premature deaths in 2032. Today marks an important step in the right direction, but EPA must now implement the 2024 standard without delay.”
“The federal court’s decision to uphold the 2024 strengthened particle pollution standard is a win for public health,” said Katie Huffling, DNP, RN, CNM, FAAN, executive director, Alliance of Nurses for Healthy Environments. “Every day in practice, nurses witness and treat conditions made worse by soot pollution. From asthma exacerbations and chronic obstructive pulmonary disease to heart disease and preterm birth, nurses see the real-world health implications of toxic air pollution. The science shows stronger limits to reduce dangerous soot pollution provide significant health benefits for Americans, especially for those most vulnerable and those exposed to higher levels of particulate matter pollution. We now urge EPA to fully implement the strengthened standard to ensure those health benefits are realized.”
“Today’s federal court decision is good news for clean air in America and for the millions of people harmed by deadly soot,” said Noha Haggag, senior attorney for Environmental Defense Fund. “Soot can cause asthma attacks, lung cancer, and premature deaths. The court’s rejection of the Trump administration’s attempt to eliminate our national health standards for soot will mean healthier, longer lives for people across the country.”
“While the Trump EPA has dragged its heels, millions of Americans have kept breathing unhealthy air,” said Vijay Limaye, climate and health scientist at NRDC. Every day of delay means more premature deaths, more asthma attacks, and more hospitalizations. This decision removes any remaining doubt: the science has long been clear, and now the law is too. The Trump EPA must stop stalling and deliver the healthier air the science and the law demand.”
“The court did the right thing today by standing up for our health and safety,” said Rachel Briggs, Conservation Law Foundation staff attorney. “We should never put the polluting status-quo over people, especially when it fuels chronic respiratory and cardiac illnesses. We’ll never compromise when it comes to the safety of our neighbors, communities, and the low-income and Black and Brown families that continue to shoulder the worst of these toxins.”
Soot is a lethal combination of metals, organic chemicals, and acidic substances so tiny that they can be easily inhaled into our lungs and delivered directly into our bloodstream. It threatens our health and environment — posing especially heightened risks for children, seniors and people with chronic illnesses. Among the health harms it is linked to are death, cardiovascular harms, new and exacerbated asthma cases, lung cancer, and serious neurological harms, like Alzheimer’s disease.
Under the Clean Air Act, the EPA has for decades set baseline national air quality standards for six harmful pollutants, including soot. In 2024 the agency strengthened the soot standard from 12 to 9 micrograms per cubic meter,
According to the EPA, the strengthened soot standard will result in significant public health net benefits that could be as high as $46 billion by 2032. The EPA’s estimate of costs is an order of magnitude less. Polluters’ exaggerated claims about costs have been repeatedly debunked.
After the agency strengthened the soot standard, corporations and attorneys general in allied states sued. Earthjustice, its clients and partners intervened to defend the strengthened soot standard. Earthjustice clients are Alliance of Nurses for Healthy Environments, American Lung Association, Environmental Defense Fund, NRDC (Natural Resources Defense Council), Northeast Ohio Community Resilience Centre (formerly the Northeast Ohio Black Health Coalition), Rio Grande International Study Center, and Sierra Club. Clean Air Task Force represents Citizens for Pennsylvania’s Future and Conservation Law Foundation.
A recent white paper found that 75 million people live in counties whose air quality violates the standard. The Clean Air Act mandated that the EPA formally identify the areas that violate the standard by Feb. 6, 2026. When EPA failed to meet that deadline, a group of health, environmental, and community groups, and a state coalition, sued to require it to obey the law. That key step will require pollution reductions in those areas, to bring them into compliance with the 2024 NAAQS.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
800-584-6460"It is horrific. ICE needs to be disbanded. People who work for ICE are untrained. And we want them out of Biddeford," one resident said. "Killing people in cold blood. They need to be out of Maine."
Mainers descended on the city of Biddeford Monday after a US Immigration and Customs Enforcement officer fatally shot a 26-year-old Colombian man, with protesters demanding an end to a federal agency that has killed citizens and immigrants alike.
"Is this the America we want?" asked a sign carried by a woman through the streets of the city, which is about 18 miles southwest of Portland. Other messages included "Abolish ICE," "ICE Out Now," "ICE Kills," and "Murderers."
The agency's deadly invasions of US cities—including in Maine earlier this year—as part of President Donald Trump's mass detention and deportation campaign have fueled growing calls for abolishing ICE.
"It is horrific. ICE needs to be disbanded. People who work for ICE are untrained. And we want them out of Biddeford," Maine resident Marcia Hanes told WGME. "Killing people in cold blood. They need to be out of Maine. They need to be out of the United States."
While authorities have not named the man killed on Monday, the Portland Press Herald identified him as Joan Sebastian Guerrero, citing one of his neighbors and an immigrant advocacy organization that said it had been in touch with the family.
The Maine Immigrants' Rights Coalition (MIRC) and Presente! Maine said in a statement that "the young man was authorized to work in the United States and had been issued a Social Security number," and that they "are devastated and outraged" by his death.
"Our communities are hurting," said MIRC executive director Mufalo Chitam. "Today, a 26-year-old member of our community is dead following an incident involving ICE. We are grieving, we are furious, and we will not allow his death to be treated as routine or inevitable. How much more harm must our communities endure before those with the power to act acknowledge that this has gone too far?"
As with previous shootings involving ICE and other Department of Homeland Security agents, DHS Secretary Markwayne Mullin claimed that the deceased man had "weaponized" a vehicle he was driving, according to US Sen. Angus King (I-Maine).
Videos from earlier shootings have cast doubt on or debunked some of the Trump administration's claims, including in Texas last week. While some clips of Monday's encounter have circulated online, King noted that there is apparently no body camera footage.
"Body cameras were not on the agents. So we have no video evidence of what occurred in this case," the senator said. "We don't know the circumstances at this point, but my statement to Secretary Mullin, I said, 'I'm going to say that you have committed to me that this investigation will be full, fair, and transparent. Can I say that? He said, 'Yes, absolutely.'"
King added that Mullin told him the driver was not the target of the warrant the officers were executing in Biddeford.
The office of Maine Attorney General Aaron M. Frey said that it "is investigating a fatal use of deadly force that occurred this morning," and "Biddeford, Saco, and the Maine State Police are assisting with the investigation as well as federal authorities."
Initial statements indicate ICE "was conducting an enforcement operation related to a final order of removal when the subject attempted to flee in a vehicle in the direction of the officer and was fatally shot," the attorney general's office said. "We encourage any member of the public to come forward if they have information they feel would be helpful to the investigation. Please contact your local law enforcement agency."
Some of the protesters headed to the local office of Sen. Susan Collins (R-Maine), who is up for reelection in November.
According to the Press Herald:
As the crowd marched down Main Street and gathered outside Sen. Collins' Biddeford office, about a dozen people made it inside the entryway, chanting "Vote her out!" and banging their fists on the office’s locked doors.
Staffers inside could be seen on the phone as the crowd grew. Minutes later, five Biddeford police officers pushed through the entryway and placed themselves between protestors and the door.
"This is your fault Susan!" one man shouted.
"You're a fascist!" another person yelled at the officers.
Collins responded to the shooting by calling for "a full and impartial investigation," and faced fierce responses from some Democrats running to replace primary winner Graham Platner as her challenger in the November election.
"Sen. Collins voted for the Republican bill to give ICE another $70 billion to terrorize our communities with no accountability. Maybe sit this one out," said Nirav Shah, who previously led the Maine Center for Disease Control and Prevention and then served in leadership at the federal CDC. "I'm running for Senate to end this blank check, stop ICE's lawlessness, and protect Mainers."
Jordan Wood, another Senate hopeful who was previously a congressional chief of staff, told Collins, "What it requires is for you to have the courage to stop funding this lawless agency that's been terrorizing our streets for over a year."
"ICE needs to get out of Maine," Wood said. He called for ICE to be "abolished and replaced with a new agency that protects and serves the people," and will "not murder them."
The national progressive group Our Revolution—which is backing former Maine Senate President Troy Jackson as Platner's replacement—declared: "Collins voted to hand ICE $70 billion. No reforms. No accountability. She funded this. She owns this. Vote her out!"
As with previous ICE shootings, Monday's deadly encounter drew alarmed responses from across the United States. "When is shit like this going to end?" asked US Sen. Ruben Gallego (D-Ariz.).
In Minnesota—where federal agents fatally shot US citizens Renee Good and Alex Pretti, and injured Venezuelan national Julio Sosa-Celis, in January—Democratic Gov. Tim Walz said: "Americans are once again watching in horror as Trump's lawless federal agents took another life—this time in Maine. We must seek accountability and justice and an end to this madness."
The elected attorney in Minnesota's Hennepin County, Mary Moriarty, announced Monday that after "six months of relentless collective effort," prosecutors had finally "obtained hard drives of previously withheld evidence" about the shootings from the federal government.
Minnesota Attorney General Keith Ellison said it "should never have taken this long."
After being shut out of the investigations by the Trump administration, Minnesota prosecutors announced on Monday that federal investigators finally turned over reams of unseen evidence related to shootings by immigration agents that killed Renee Good and Alex Pretti and injured Julio Sosa-Celis in January.
Hennepin County Attorney Mary Moriarty announced that after "six months of relentless collective effort," state and local prosecutors had "obtained hard drives of previously withheld evidence" about the killings, which took place during the administration's aggressive surge of immigration agents in and around Minneapolis and sparked a wave of protests.
Moriarty added that prosecutors had also obtained some physical evidence that was "previously withheld" by federal investigators. This includes the SUV that Good, a 37-year-old US citizen and mother of three, had been driving when she was shot through her driver's side window by US Immigration and Customs Enforcement (ICE) agent Jonathan Ross as she appeared to be leaving the scene of an enforcement operation.
Attorney Antonio Romanucci and the legal team representing the family of Good said in a statement that turning over the vehicle and other evidence was "an important and meaningful step towards justice and accountability," and that they were "grateful for the resumption of regular investigatory protocols, which is not only important for the families impacted in these cases, but it is essential for the community and the country."
Shortly after Good was shot, Department of Homeland Security (DHS) spokesperson Tricia McLaughlin portrayed her as a “violent rioter" who had attempted to run over Ross with her car, which then-Secretary Kristi Noem claimed was an "act of domestic terrorism." But video evidence showed that her wheels were pointed away from the agent, indicating that she was attempting to leave.
Homeland Security adviser Stephen Miller similarly described Pretti, a 37-year-old intensive care nurse, another US citizen, as a "would-be assassin” while DHS said he showed up at a protest against ICE attempting to "massacre law enforcement" based on the fact that he was carrying a legal firearm when he was shot by two Customs and Border Protection (CBP) agents.
Videos showed that Pretti had intervened to stop agents from harming another protester and only held his phone during the confrontation, never reaching for his gun.
Sosa-Celis, a 24-year-old Venezuelan national, was called a "violent criminal alien" by DHS, which accused him and his two roommates of having attacked agent Christian Castro with snow shovels, leading Sosa-Celis to be shot in the leg through the door of the home.
Assault charges against him and his roommate were dropped by federal prosecutors after video and medical evidence showed that Castro had not been attacked. ICE Director Todd Lyons acknowledged that the agents had lied about the incident, and Castro has since been arrested after being charged by Moriarty's office as part of an independent investigation.
Neither Ross nor the two CBP agents who shot Pretti—Jesus Ochoa and Raymundo Gutierrez—have been charged.
Federal authorities have repeatedly rejected demands from Minnesota officials to cooperate with investigations into the three shootings and grant access to evidence and the ability to interview witnesses.
In the case of Pretti, agents blocked investigators with the Minnesota Bureau of Criminal Apprehension from entering the shooting scene after the BCA had obtained a search warrant and removed physical evidence before Minnesota investigators could document it. This included Pretti's gun, cellphone, and body camera footage, and other physical and digital evidence.
In March, Minnesota sued the Trump administration over its refusal to cooperate with the investigations, a lawsuit that was still ongoing as of Monday.
The federal government did not explain its sudden change of direction. The Associated Press described it as part of an agreement in which Minnesota agreed to share evidence it had collected in Castro's case if the federal government shared evidence it was withholding about the shootings of Good and Pretti.
Moriarty thanked the federal officials for "their willingness to consider changing course to share evidence and promote public trust."
But Minnesota Attorney General Keith Ellison emphasized that it "should never have taken this long."
"I remain deeply troubled that the federal government spent more than half a year attempting to conceal this evidence from state investigators," he said in a statement. "And I hope this is the beginning of a major course correction on the part of the federal government."
US Sen. Tina Smith (D-Minn.) agreed that "this took way too long" and said, "It's not enough."
"Minnesotans' trust has been fundamentally broken," she said. "There's a long way to go before we get true justice for ICE killing two of our neighbors."
The federal government's decision to turn over evidence to Minnesota officials came less than a week after an ICE agent shot and killed Lorenzo Salgado Araujo, a 52-year-old Mexican father in Houston, whom DHS claimed had attempted to attack officers with his car, only to once again be undermined by video and witness accounts.
DHS has acknowledged that it was not attempting to target Salgado for removal and had mistaken his van for someone else's.
Harris County District Attorney Sean Teare has said that, just like in Minnesota, the federal government was refusing to share evidence with local officials.
“The federal government has not invited us in,” Teare said. “The federal government is not collaborating with us with this investigation.”
On Monday, ICE agents killed another man in Maine, 26-year-old Colombian father Joan Sebastian Guerrero, who was reportedly shot several times after stopping his vehicle, according to video footage.
DHS Secretary Markwayne Mullin has said Guerrero “weaponized” his vehicle and attempted to ram officers. One eyewitness told Reuters they saw a federal SUV ram Guerrero's car.
According to Sen. Angus King (I-Maine), Mullin said that Guerrero, who was authorized to work in the US and had a Social Security number, was not the target of the warrant agents were executing.
In a searing rebuke of Trump's self-dealing lawsuit against the IRS, Judge Kathleen Williams wrote that "a court should not be a forum for a party that cynically views a lawsuit as a vehicle to achieve a predetermined outcome."
A progressive US senator on Monday welcomed a federal judge's ruling that found President Donald Trump's $10 billion lawsuit against the Internal Revenue Service was an illegal act of self-dealing, while calling for the Republican to be impeached for a third time.
Trump and his two eldest sons, Donald Trump Jr. and Eric Trump, "acted in bad faith and for an improper purpose by 'collusively filing a lawsuit with claims subject to multiple dispositive defenses solely to provide cover for a collusive settlement,'" US District Judge for the Southern District of Florida Kathleen Williams—who was appointed by former President Barack Obama—wrote in her 56-page ruling.
Sen. Ed Markey (D-Mass.) called Williams' order "a scalding, blistering judicial opinion calling out Trump’s sham litigation, striking down his corrupt IRS immunity, and holding his sycophant lawyers to account."
"That’s a good start," the senator said. "Impeachment is next."
Finding that "sanctions are appropriate here," Williams referred Trump's personal attorney Alejandro Brito to the Florida Bar for "its consideration, review, and determination as to whether any disciplinary action is appropriate in light of the findings and rulings made in this order."
Williams also banned another one of the president's personal lawyers, Daniel Epstein—who is not related to Jeffrey Epstein, the late convicted child sex criminal and former close friend of Trump—from seeking admission to practice law in the Southern District of Florida for one year.
The judge further found that acting US Attorney General Todd Blanche's "apparent capacity to speak for both plaintiffs and defendants, sign a 'settlement' document on behalf of all parties to this action, and then repudiate part of that agreement, demonstrates that there was only one party whose interests were being represented throughout this case."
In January, Trump and his sons sued the Internal Revenue Service and US Treasury Department for $10 billion over the leak of the president's tax returns by a former IRS contractor. Trump’s own Department of Justice (DOJ) then settled the case in May by agreeing to exempt the plaintiffs from future IRS audits and create a roughly $1.776 billion settlement slush fund for people claiming they were unfairly targeted by the government.
Beneficiaries of the so-called "Anti-Weaponization Fund" were expected to include January 6, 2021 Capitol insurrectionists, roughly 1,500 of whom were pardoned by Trump and dozens of whom have since been charged or convicted for serious crimes, including child sex crimes, rape, grand larceny, burglary, home invasion, gun violations, death threats against public officials, and fatal DUI incidents.
Blanche has signaled that the DOJ will no longer pursue the creation of the slush fund.
Williams wrote in her ruling that "certainly, a court should not be a forum for a party that cynically views a lawsuit as a vehicle to achieve a predetermined outcome: 'I’m suing myself."
"President Trump did not pursue his claims until he once again occupied the White House and had appointed his former lawyer, and the former lawyer of persons who are putative beneficiaries of the 'Anti-Weaponization Fund,c' to prominent positions in the DOJ," she continued. "These officials then negotiated on behalf of the United States, with his current lawyers, including his former White House counsel, to reach a 'settlement.' It is risible to suggest that there was ever adverseness between the parties."
“Even the fund amount—$1.776 billion—speaks of a ‘branding’ effort rather than a deliberate and thoughtful calculation of damages,” the judge added.
A spokesperson for Trump's legal team responded to Monday's order in a statement asserting that “the IRS wrongly allowed a rogue, politically motivated employee to leak private and confidential information about President Trump, his family, and the Trump Organization to The New York Times, ProPublica, and other left-wing news outlets, which was then illegally released to millions of people."
"President Trump continues to hold those who wrong America and Americans accountable," the statement added.
Defenders of the rule of law welcomed Monday's ruling, with Robert Weissman and Lisa Gilbert, co-presidents of the consumer advocacy group Public Citizen, taking a swipe at Trump's "brilliant idea of suing the government he runs and resolving the lawsuit with the creation of an illegal and unconstitutional nearly $1.8 billion slush fund, paid for at taxpayer expense and likely to be distributed to January 6 insurrectionists, among others, as well with as an immunity deal protecting Trump and his family from IRS investigation."
"Acting Attorney General Todd Blanche was a willing participant in this fraud on the court and the American people," the pair added. “If the Senate needed an additional reason not to confirm Todd Blanche as attorney general, it just got it.”