25 Cities, States Sue EPA Over Power Plant Emissions Repeal — SkimNews

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- The coalition — 25 cities, counties, and states led by Denver, Chicago, New York City, Pennsylvania's governor, and attorneys general from 20 states plus D.C. — sued the EPA in the U.S. Court of Appeals for the D.C. Circuit on Thursday over the repeal of most Biden-era greenhouse gas rules for power plants.
- EPA Administrator Lee Zeldin announced in September the agency had finalized repealing most provisions of the 2024 Carbon Pollution Standards for Fossil Fuel-Fired Electric Generating Units and proposed rescinding all remaining greenhouse gas standards for the power sector.
- The EPA justified the action by citing the Trump administration's repeal of the 2009 endangerment finding and the U.S. Supreme Court's Loper Bright decision, claiming in its announcement that "GHG emissions from power plants have no material impact on global climate change."
- The coalition simultaneously filed a notice of intent to sue the EPA for failing to regulate greenhouse gas pollution from existing gas-fired power plants, including "peaker" plants that operate during high-demand periods and are often sited in low-income communities.
- Denver Mayor Mike Johnston said in a statement: "The president's actions won't unleash American energy, but they will lead to record profits for polluters — all while our air gets dirtier and our bills stay just as high."
- State attorneys general and a representative from New York City's Mayor's Office of Climate & Environmental Justice testified at a virtual public hearing on the EPA's proposal to repeal power plant greenhouse gas standards, with the hearing continuing into a second day.
- The EPA did not respond to a request for comment.
Why it matters: The lawsuit targets a foundational climate rule — the 2024 Carbon Pollution Standards for Fossil Fuel-Fired Electric Generating Units — and the EPA's parallel rationale that it lacks Clean Air Act authority to address power plant greenhouse gases at all, meaning a defeat in the D.C. Circuit could strip federal climate authority over the power sector entirely, while plaintiffs argue the rollback directly harms overburdened frontline communities near gas peaker plants.
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