NJ attorney general joins multistate challenge to EPA rollback of power plant pollution limits
TRENTON, N.J. — New Jersey Attorney General Jennifer Davenport joined a coalition of 25 states, counties and cities Thursday in challenging the Trump administration’s rollback of federal greenhouse gas emission standards for fossil fuel-fired power plants.
The coalition is filing a petition for review in the U.S. Court of Appeals for the D.C. Circuit seeking to overturn the U.S. Environmental Protection Agency’s partial repeal of the 2024 Carbon Pollution Standards.
The EPA finalized the repeal of most of the 2024 greenhouse gas standards for fossil fuel-fired power plants on Sept. 14. The agency also proposed repealing the remaining greenhouse gas emission standards for the power sector.
“Climate change is becoming a more pressing problem each year, yet the Trump Administration is choosing to protect the fossil fuel industry instead of public health,” said Attorney General Davenport. “We are running out of time to reverse worsening climate trends, which is why we are suing today.”
Davenport and the coalition argue the EPA unlawfully abandoned the power plant pollution limits without adequately considering alternatives, the costs of repealing the regulations or potential health and climate effects.
The coalition is asking the appeals court to strike down the repeal and restore the regulations.
The EPA has defended its action, saying the 2024 standards exceeded the agency’s authority under the Clean Air Act and imposed requirements that relied on technologies that were not adequately demonstrated at the necessary scale. The agency has also said the repeal will reduce costs and support reliable energy supplies.
In addition to challenging the repeal, Davenport and the coalition filed a notice of intent to sue the EPA over what they say is the agency’s failure to regulate greenhouse gas pollution from many existing natural gas-fired power plants.
The coalition argues those facilities include “peaker” plants that often operate during periods of high electricity demand and can be located in communities already exposed to multiple sources of pollution.
The lawsuit is being led by New York Attorney General Letitia James. Joining New Jersey and New York are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.
The coalition also includes the governor of Pennsylvania, the mayors of New York City and Chicago, and the City and County of Denver.
