by Matthew Holloway | Feb 1, 2026 | Economy, News
By Matthew Holloway |
Arizona Senate Majority Whip Frank Carroll (R-LD28) introduced a measure on Tuesday, urging the U.S. Congress to clearly define and limit the Environmental Protection Agency’s (EPA) regulatory authority. Carroll and his cosponsors argue that ambiguous federal power threatens jobs and economic growth in Arizona. The proposal, SCM 1004, was advanced by the Arizona Senate Republican Caucus earlier this week.
Carroll’s measure calls on Congress to affirm its role in setting national environmental policy and to draw explicit boundaries around the EPA’s authority under federal law. The memorial highlights that, under the Clean Air Act, the EPA is charged with setting and reviewing National Ambient Air Quality Standards (NAAQS) every five years to protect public health and welfare, but argues that compliance requirements have grown burdensome for businesses and workers.
“Americans deserve clean air, land, and water, but they also deserve an economy that can grow without unnecessary federal interference,” Carroll said in a statement distributed by the Arizona Senate Republican Caucus. He added that the measure urges Congress to ensure EPA regulations are “grounded in law and sound science” and do not impose undue economic restrictions.
In additional remarks included in the memorial, Carroll said he is seeking to define the limits of EPA authority to prevent what he described as regulatory overreach.
“I am working to clearly define the EPA’s powers to prevent regulatory overreach that negatively impacts Arizona’s economy,” Carroll said. “While the Clean Air Act allows for specific emissions regulations, the EPA must not exceed its authority or violate fundamental principles of separation of powers. By preventing bureaucratic overreach, we can protect both the environment and the economic opportunities Arizona families and businesses rely on.”
SCM 1004 directs the Arizona Secretary of State to transmit copies of the memorial to leadership in both chambers of Congress and all members of Arizona’s federal delegation. The measure notes that while the EPA’s mission is to enforce environmental laws as intended by Congress, concerns over overreach have prompted states to call for clearer statutory limits on the agency’s powers.
Carroll’s push reflects broader national debates over the scope of federal environmental regulation. Critics of recent EPA proposals have warned that aggressive regulatory action could affect industries including agriculture, energy production, and water resources. Such debates have included congressional hearings examining the consequences of EPA actions on sectors like American agriculture and rural economies.
The memorial challenges key assumptions underlying EPA policies formulated under Democratic administrations and proponents of policy such as the ‘Green New Deal’, stating:
- “Greenhouse gases like CO2 and methane are not acutely toxic like other hazardous pollutants and have no direct impact on human health;”
- “There is no consensus as to whether global warming is a problem or a benefit or how current temperatures fit into the broader climate context;”
- “Global temperatures, droughts, floods and hurricanes have not increased with increasing global CO2 emissions;”
The memorial further refutes the EPA’s authority regarding greenhouse gas emissions, stating directly: “The EPA has no explicit statutory authority to regulate greenhouse gases.”
The memorial comes amid ongoing statewide discussions about the balance between environmental protection and economic growth, with Arizona lawmakers questioning the appropriate reach of federal agencies in areas ranging from air and water quality to land use and energy development.
SCM 1004 was co-sponsored by a group of Republican Arizona Senators, including Hildy Angius (R-LD30), David Gowan (R-LD19), Kevin Payne (R-LD27), Janae Shamp (R-LD29), and Thomas “T.J.” Shope (R-LD16).
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Dec 1, 2025 | News
By Matthew Holloway |
The U.S. Environmental Protection Agency (EPA) has filed a motion in a federal appeals court to vacate a Biden-era rule on fine particulate matter air quality standards, which was set to affect air quality regulations in Arizona.
In the motion filed in the U.S. Court of Appeals for the D.C. Circuit, Department of Justice attorneys representing the EPA told the D.C. Circuit that the agency’s 2024 rule change on fine particulate pollution standards is both legally and scientifically flawed and must be vacated. The motion noted that the “supplement” to the EPA’s 2019 Assessment of the NAAQS, or National Ambient Air Quality Standards, for particulate matter, “did not represent [a] full multidisciplinary evaluation of evidence’ for the underlying air quality criteria.” It added that the agency “lacks statutory authority to revise standards absent a thorough review.”
The PM 2.5 rule, finalized on December 15, 2024, was purported to strengthen protections against fine particulate matter pollution, which the EPA stated was linked to respiratory and cardiovascular health risks. Implementation was set to begin in 2025, with full compliance deadlines extending to 2031. The final rule revising the NAAQS lowered the annual primary PM 2.5 standard from 12.0 micrograms per cubic meter to 9.0 micrograms per cubic meter. The rule also established a new 24-hour PM 2.5 standard of 35 micrograms per cubic meter. The rule remains in effect until the court comes to a decision.
The consolidated lawsuits involved petitioners including the Commonwealth of Kentucky, et al., the Arizona Legislature, and the Arizona Chamber of Commerce, along with 21 other states and business groups against the U.S. Environmental Protection Agency, et al. The states and business groups challenged the rule, arguing it would impose billions in compliance costs on states like Arizona, potentially halting construction projects and job growth in areas struggling to meet the stricter standards.
The petitioners contended that the new limits would classify more areas as being in a state of nonattainment, leading to economic restrictions under the Clean Air Act. Oral arguments in the case were heard on December 16, 2024.
Arizona Senate President Warren Petersen hailed the EPA’s motion on X on November 26, 2025, crediting EPA Administrator Lee Zeldin with what he called a “BIG WIN FOR ARIZONA!” He added that the EPA, “just filed a motion in federal court to throw out Biden’s unlawful PM 2.5 rule that made it nearly impossible for parts of Arizona to ever meet clean-air standards — a rule that would have crushed jobs, construction, and our economy with billions in costs. The AZ Legislature & the AZ Chamber sued the Biden admin to stop this job-killing regulation. Our lawsuit helped bring about this reversal. Thank you, President Trump, for keeping your promise to cut red tape and protect Arizona families!”
Adam R.F. Gustafson, Principal Deputy Assistant Attorney General, and Sarah I. Zafar, Trial Attorney in the DOJ Environment and Natural Resources Division, filed the EPA’s motion for vacatur. They wrote in part, “Implementation of the NAAQS is a complex process, which generates significant costs and reliance interests among States, local governments, and regulated parties.”
The DOJ attorneys also argued that the EPA, “should at least have considered the distinct costs associated with revising the NAAQS mid-cycle. EPA’s disregard of this relevant factor was arbitrary and capricious because it was unreasonable for EPA to read an exercise of discretionary authority as an invitation to ignore a relevant factor like cost.”
The case remains ongoing in the U.S. Court of Appeals for the D.C. Circuit.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Staff Reporter | Apr 10, 2025 | News
By Staff Reporter |
The Environmental Protection Agency (EPA) will no longer penalize Arizona and other states for foreign air pollution affecting state levels.
The EPA decision follows local and statewide efforts by Arizona’s elected and grassroots leaders in recent years to toss this regulation.
Among those engaging with the EPA was the Arizona Free Enterprise Club (AFEC). The grassroots organization’s president, Scot Mussi, commended the EPA decision.
“Due to this regulation from the Biden Administration, Arizona was being forced to adopt radical control measures, like banning gasoline-powered vehicles, which still would have left our state short of meeting the ozone standard,” said Mussi. “Yet again, the left’s environmental policies have proven to be disastrous and unworkable. For the good of our state and country, we must never repeat these mandates.”
EPA Administrator Lee Zeldin announced on Monday it would rescind the Guidance on the Preparation of Clean Air Act Section (CAA) 179B Demonstrations for Nonattainment Areas Affected by International Transport of Emissions.
The EPA published a press release, also on Monday, detailing the changes to air pollution regulations. The rescinded guidance effectively penalized states for air pollution caused by other countries.
“This guidance made it unnecessarily difficult for states to demonstrate that foreign air pollution is harming Americans within their borders,” stated the EPA. “States should not be penalized for air pollution beyond their control, including pollution crossing international borders into the United States.”
In a statement, Zeldin said U.S. citizens shouldn’t be held responsible for other nations’ air pollution failures.
“Americans should not be harmed by other countries that do not have the same environmental standards we have in the United States,” said Zeldin. “Not only are we eliminating cumbersome red tape that placed an excessive burden on states to prove emissions were from an international source, but we are also helping states across our nation prosper while ensuring they continue to provide clean air for their residents.”
The EPA said it would work with state and local air agencies to secure regulatory relief under the rescinded guidance.
The guidance emerged in December 2020 during the last month of the first Trump administration. The guidance was intended to assist state, local, and tribal air agencies with developing a demonstration on how a nonattainment area would be able to attain or would have attained relevant National Ambient Air Quality Standard if not for other countries’ air pollution.
Last month, the EPA agreed to reconsider its determination that the Northern Wasatch Front in Utah failed to attain the 2015 Ozone National Ambient Air Quality Standards.
This latest policy change aligns with the Trump administration’s designs for the EPA under Zeldin outlined in his Powering the Great American Comeback initiative. Zeldin declared in his announcement of the initiative that conservation was inherently a core principle of conservatism.
This initiative announced in February proposes five new pillars of guidance for the EPA’s work over the first 100 days and throughout the next four years, all centered around American independence and dominance: securing clean air, land, and water for all Americans; restoring American energy dominance; permitting reform, cooperative federalism, and cross-agency partnership; making the U.S. the artificial intelligence capital of the world; and protecting and bringing back American auto jobs.
In a joint press release issued on Monday, Maricopa County Chairman Thomas Galvin and Supervisor Debbie Lesko said they made the case in a meeting last month with the EPA of the difficulty for states to prove certain air pollution impacts. The stance from current county leadership marks a departure from past leadership, which advanced measures to meet EPA compliance on ozone standards.
“At that meeting, county leadership demonstrated how difficult it has been for states like Arizona to prove the impact of air pollution from international transport, and as a result, we risk more regulation,” said Galvin and Lesko. “As Administrator Zeldin said, today’s announcement is a step in the right direction for states looking to balance the need for clean air with the importance of economic development.”
Galvin and Lesko also thanked Senator Mark Kelly for providing assistance on the issue.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Matthew Holloway | Dec 15, 2024 | News
By Matthew Holloway |
Following intervention from Congresswoman Debbie Lesko (R-AZ-08), the EPA has reportedly decided not to move forward with its decision to declare Maricopa County’s nonattainment status of ozone National Ambient Air Quality Standards (NAAQS) as ‘serious.’ Lesko publicly expressed concern that the change was motivated by the “upcoming administration change,” and not the law.
According to a press release from Lesko’s office, the Environmental Protection Agency (EPA) Administrator agreed to reconsider the decision to “prematurely reclassify” Maricopa County’s status of nonattainment as ‘serious.’
In her letter to the EPA, as previously reported by AZ Free News, Lesko warned, “If the EPA continues its expedited schedule in a rush to make their reclassification effective before the Trump Administration takes office, it will negatively impact Arizona and national security. The Taiwan Semiconductor Manufacturing Company (TSMC) was just awarded $6.6 Billion in CHIPS Act funding. This action by the EPA could jeopardize that funding and makes absolutely no sense.”
In her letter, Rep. Lesko expressed concern that the reclassification was not based upon law or environmental science but on politics. She wrote, “The reason for this change is not clear to me, but I am concerned tat this action was taken based upon the political reality of the upcoming administration change.”
She explained, “The law states that there is a 180-day window from August 3, 2024 for redesignation. The expedited timeline is set prior to the 180-day deadline.” She added, “It is crucial that the EPA and other federal agencies keep a consistent and stable regulatory environment where they do not expedite or change rulings based on the upcoming changes in executive power.”
As noted in our previous coverage, the arbitrary redesignation would lower Maricopa County’s emissions threshold from the current 100 tons to 50 tons for major sources of nitrogen oxides and volatile organic compounds, with said adjustments jeopardizing the operations of TSMC in Phoenix.
“TMSC’s new plant requires an air quality permit to proceed. The current major source threshold of 100 tons would allow TSMC to proceed without needing to acquire emission reduction credits (ERCs),” said Lesko.
“However, a redesignation to serious nonattainment would impose the 50-ton threshold, which is currently unfeasible due to the shortage of available ERCs, thus potentially delaying or halting this key project.”
Congresswoman Lesko posted to X on Friday to announce the result of her appeal to the EPA. She wrote, “Great news! Following my letter to the EPA sent earlier this week and after working with Senator Kelly and the governor’s office, our office has now heard from the EPA they will no longer move forward with the decision to prematurely reclassify Maricopa County to “serious” nonattainment status for their ozone National Ambient Air Quality Standards (NAAQS). This is wonderful news!”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Staff Reporter | Dec 8, 2024 | News
By Staff Reporter |
A recent decision by the Environmental Protection Agency (EPA) concerning Maricopa County may have been politically motivated and may pose a national security risk.
The EPA decided earlier this week to reclassify Maricopa County to “serious” nonattainment status for its ozone National Ambient Air Quality Standards (NAAQS). Congresswoman Debbie Lesko claimed that the EPA’s reclassification poses a national security risk in a Wednesday press release. The congresswoman argued that finalization of the reclassification ahead of a second Trump administration would jeopardize Arizona’s newly established semiconductor manufacturing.
“If the EPA continues its expedited schedule in a rush to make their reclassification effective before the Trump Administration takes office, it will negatively impact Arizona and national security,” said Lesko. “The Taiwan Semiconductor Manufacturing Company (TSMC) was just awarded $6.6 Billion in CHIPS Act funding. This action by the EPA could jeopardize that funding and makes absolutely no sense.”
Lesko speculated in letters of appeal to the EPA and Commerce Department that the EPA was acting in a rushed response to undermine president-elect Donald Trump’s incoming administration.
“The reason for this [EPA] change is not clear to me, but I am concerned that this action was taken based upon the political reality of the upcoming administration change,” said Lesko.
Lesko further argued the EPA was “premature” in its reclassification. Lesko referenced an understanding via communications with the EPA that the agency wouldn’t issue its decision until next May.
Not only has the EPA acted prematurely, Lesko argued, but their expedited timeline works outside of the legal requirement to have a 180-day window for redesignation from Aug. 3, 2024, which would land on Jan. 30, 2025. The presidential inauguration takes place on Jan. 20, 2025. Lesko asked the EPA to honor its original May timeline.
EPA Region 9 advised Maricopa County Air Quality that they would issue a Federal Register Notice containing an “expedited redesignation” within the coming weeks.
The redesignation would lower Maricopa County’s emissions threshold from 100 tons to 50 tons for major sources of nitrogen oxides and volatile organic compounds. Lesko said these adjustments would jeopardize TSMC operations.
“TMSC’s new plant requires an air quality permit to proceed. The current major source threshold of 100 tons would allow TSMC to proceed without needing to acquire emission reduction credits (ERCs),” said Lesko. “However, a redesignation to serious nonattainment would impose the 50-ton threshold, which is currently unfeasible due to the shortage of available ERCs, thus potentially delaying or halting this key project.”
Lesko cited further concerns that the expedited redesignation would harm the Maricopa County and Arizona economies by dissuading industry growth and recruitment for technology and advanced manufacturing.
Maricopa County Air Quality issued a release earlier this year warning that the EPA would reclassify their ozone nonattainment from “moderate” to “serious” nonattainment prior to Feb. 3, 2025.
The EPA included Maricopa County in its final rule, finding it in October as an area that failed to submit a plan addressing EPA ozone requirements for moderate nonattainment areas. The EPA reclassified Maricopa County from marginal to moderate in 2022, and gave the county until last January to submit its plan.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
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