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States Sue to Block EPA Rollback of Power Plant Emissions Rule

States Sue to Block EPA Rollback of Power Plant Emissions Rule
The U.S. Environmental Protection Agency is facing a lawsuit by a coalition of Democratic attorneys general, governors and mayors over the repeal of climate regulations for power plants. File Photo by Bonnie Cash/UPI

A coalition of Democratic state and local officials led by New York has sued the Trump administration and the EPA to block the repeal of a Biden-era rule limiting emissions from the nation’s most polluting power plants. Plaintiffs say the rollback will reverse decades of progress on air quality and worsen the climate crisis. The EPA says the repeal would save industry more than $300 billion and "unleash" U.S. energy. The coalition has asked the D.C. Circuit to overturn the decision and plans separate litigation over gas-fired power plants.

A coalition of Democratic attorneys general, governors and mayors led by New York has filed suit against the Trump administration and the U.S. Environmental Protection Agency, challenging the agency’s decision to repeal a Biden-era rule that limited emissions from the nation’s most polluting power plants.

The Lawsuit

The plaintiffs argue the EPA rollback will reverse decades of progress on air quality and climate, worsening the climate crisis by "gutting one of the country's most significant protections." The coalition has asked the U.S. Court of Appeals for the District of Columbia Circuit to review and overturn the EPA’s decision.

Officials' Reaction

New York Attorney General Letitia James accused the administration of showing "callous disregard" for Americans' health and the environment.

"Dismantling these protections is a betrayal of American families, and the stakes are too high to allow this administration to once again put profits over people," James said in a statement.

EPA Response

The EPA declined to comment on pending litigation but has said the repeal would save industry more than $300 billion in compliance costs and would "unleash" American energy. The agency also signaled plans to take additional steps intended to limit future administrations' ability to impose similar pollution rules.

Next Steps

In addition to asking the D.C. Circuit to vacate or reverse the repeal, the coalition said it plans separate litigation over the agency’s failure to regulate pollution from gas-fired power plants. Plaintiffs include 21 states and several major cities.

Coalition Members

The states involved are: New York, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin. Cities joining the suit include New York City, Chicago, Denver and Washington, D.C.

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