U.S. EPA Repeals Power Plant Regulations; Public Interest Groups File Legal Challenge
On September 14, 2026, the U.S. Environmental Protection Agency (“U.S. EPA”) announced final repeal of the Biden-era 2024 Carbon Pollution Standards, which restricted emissions from coal and natural gas power plants. U.S. EPA concurrently proposed to rescind all remaining greenhouse gas emission standards for power plants. U.S. EPA’s press release claims the repeal of the Carbon Pollution Standards is the “largest power sector de-regulatory action in U.S. history” and that U.S. EPA expects the action to save the utility industry more than $310 billion. U.S. EPA said it will “hold a public hearing for the proposal [to remove all remaining greenhouse gas emission standards for power plants] 15 days after publication of the action in the Federal Register as well as a 45-day public comment period.”
Many environmental and public health experts and groups oppose the U.S. EPA action. For example, on September 17, 2026, the Natural Resources Defense Council (“NRDC”), American Lung Association, American Public Health Association, Clean Air Council, Clean Wisconsin, and the Environmental Defense Fund filed a Petition for Review with the U.S. Court of Appeals for the District of Columbia Circuit under Section 7607(b)(1) of the federal Clean Air Act, 42 U.S.C. § 7607(b)(1). They contend that the U.S. EPA action is contrary to the Clean Air Act and to the United States Supreme Court decision in West Virginia, et al. v. [U.S.] Environmental Protection Agency, et al., 597 U.S. 697 (2022). The Petitioners associated press release states in part:
“This unlawful rule seeks to remove our national limits on climate pollution from power plants at a time when more Americans than ever are suffering from the dangerous heat and more powerful storms caused by that pollution and are facing the ensuing skyrocketing insurance bills and health costs,” said Vickie Patton, General Counsel for Environmental Defense Fund. “Increased power plant pollution resulting from this rule will cause thousands of premature deaths and billions of dollars in additional health costs. ****
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The 2024 standards the [U.S.] EPA finalized its repeal of today were estimated to deliver a net $370 billion in climate and health benefits – with benefits a stunning 20 times that of the costs to industry. A recent NRDC analysis found that this administration’s policies will destroy $700 billion in new power sector investments over the next decade and cut by half the power sector carbon reductions likely before its policies took effect.
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Read the U.S. EPA’s press release here:
Read the Petitioners’ press release here:
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