A coalition of 25 cities, counties, and states sued the U.S. Environmental Protection Agency on Thursday over its rollback of greenhouse gas emissions rules for power plants. The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, targets the agency's repeal of most provisions of the 2024 Carbon Pollution Standards. The coalition also filed a separate notice of intent to sue over the EPA's failure to regulate existing gas-fired plants, including peaker units often located in low-income communities.
The EPA, under Administrator Lee Zeldin, finalized the repeal in September and has proposed rescinding all remaining power-sector emissions standards. The agency argues it lacks authority under the Clean Air Act to regulate greenhouse gases for climate purposes, pointing to the Supreme Court's Loper Bright decision and the earlier repeal of the 2009 endangerment finding. In its announcement, the EPA claimed that models show power plant emissions have no material impact on global climate change.
The plaintiffs, which include Denver, Chicago, New York City, and the governor of Pennsylvania, say the rollbacks harm public health and burden frontline communities. Denver Mayor Mike Johnston said the actions would lead to record profits for polluters while making air dirtier and bills higher. Chicago Mayor Brandon Johnson said the city would not back down from fighting the rollbacks in court. The EPA did not respond to a request for comment.