Chicago, the State of Illinois, and Other State and Local Governments Challenge US EPA’s Repeal of Power Plant Emission Rules
On October 1, 2026, the state of New York, leading a coalition including the state of Illinois, the city of Chicago, and two dozen other state and local governments, jointly filed a Petition for Review in the U.S. Court of Appeals for the District of Columbia Circuit challenging the U.S. Environmental Protection Agency (“U.S. EPA”) repeal of power plant emission rules.
The repeal, which was enacted on September 14, 2026, is intended to save the industry $310 billion, per the U.S. EPA’s own press release, but the repeal has drawn criticism from a wide range of organizations. At least one other Petition for Review was filed with the same Court only three days after the U.S. EPA order by a number of environmental organizations, led by the Natural Resources Defense Council (“NRDC”).
In a press release by New York Attorney General Letitia James, the Petitioners say that:
…by eliminating these guardrails, the administration is clearing the way for millions of additional tons of greenhouse gas emissions that will worsen extreme heat, deadly storms, flooding, and wildfires.
*****
EPA unlawfully abandoned these pollution limits without properly considering reasonable alternatives or the enormous health and climate costs of allowing more pollution into the atmosphere. Moreover, the rescission was arbitrary and capricious because EPA did not sufficiently calculate the full cost of repealing the rule.
Read the Petition for Review here:
Read the NY AG’s press release here:
Read the U.S. EPA’s press release on the repeal here:
Comments