A coalition of states and local governments has asked the federal appeals court in Washington to review the Environmental Protection Agency’s repeal of nationwide carbon standards for power plants.
The petition targets EPA’s withdrawal of the 2024 Carbon Pollution Standards, which required many coal- and gas-fired plants to curb greenhouse-gas emissions. New York Attorney General Letitia James said the coalition includes 20 states, the District of Columbia and several cities and counties.
The challengers contend that the repeal conflicts with the Clean Air Act and the Supreme Court’s recognition that greenhouse gases are air pollutants within the statute. Their case will also test EPA’s newer position that it lacks authority to regulate power-plant emissions when the asserted harm is global climate change.
The filing begins appellate review; it is not a ruling on the legality of the repeal. The D.C. Circuit will first confront the agency record and the government’s explanation for reversing the 2024 rule. Any remedy would depend on whether the court finds the repeal arbitrary, procedurally defective or beyond EPA’s reading of its statutory power.
Power plants account for a substantial share of United States carbon emissions, so the dispute has consequences beyond the parties. It also places another major climate policy before a court increasingly asked to decide how clearly Congress must speak before an agency can regulate questions of broad economic and political importance.
Official announcement and filing information
