'No Surprise,' Trump Administration Faces Lawsuit Over Chemical Plant Pollution Exemptions

Community, health and environmental groups filed a lawsuit on Oct. 22, 2025, challenging the Trump administration's executive action that exempts 50 chemical manufacturing plants from Clean Air Act protections designed to limit cancer-causing air pollutants.

The suit targets exemptions from EPA's Hazardous Organic National Emission Standards for Hazardous Air Pollutants (HON NESHAP Rule), which would delay compliance by two years beyond current 2026 and 2027 deadlines. The affected facilities are located across 13 states, including Texas, Louisiana, Illinois and Kentucky.

“We’ve fought for decades to close loopholes and get real checks on chemical leaks. These standards target the dangerous chemicals that create a huge cancer risk in communities like Mossville, Louisiana and others throughout the country,” said Michele Roberts, National Coordinator of Environmental Justice Health Alliance (EJHA) in a news release. “Delaying them is a policy choice with a human cost, measured in diagnoses, not dollars. The Clean Air Act doesn’t allow a president to waive our human right to health or hand polluters a free pass without evidence.”

The exemptions affect regulations controlling dangerous chemicals, including ethylene oxide, chloroprene, benzene, 1,3-butadiene, ethylene dichloride and vinyl chloride—all known or suspected carcinogens that can cause respiratory issues, liver damage and other serious health problems.

Lynn Bergeson, managing partner of Bergeson & Campbell PC and compliance columnist for Chemical Processing, stated in an email to Chemical Processing that it is by no means surprising that environmental groups have filed this suit.

“The Trump administration has been clear about its deregulatory goals, and the litigation will likely focus on whether EPA acted lawfully in July of this year in delaying, under CAA Section 112(i)(4), the compliance date of the HON NESHAP,” she continued. “The delay was based in part on a claim of national security, allowing EPA to invoke the President’s authority to exempt certain stationary sources from compliance. Whether the invocation of this seldom-used authority was appropriate and aligned with the law will be addressed by the federal District Court in D.C.”

EPA estimates the 2024 HON Rule would cut toxic emissions by more than 6,200 tons annually and reduce air toxics-related cancer risks near these facilities by approximately 96%.

Industry Response to HON Rule

Industry trade groups have petitioned for reconsideration of the HON Rule, seeking a rollback of its standards and interim relief. ​

On July 18, 2025, the American Chemistry Council applauded the Trump administration's exemption. ​