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Cities, states sue EPA over power plant emissions rollback

October 2, 2026 · Utility Dive · Score: 44

A coalition of 25 cities, counties and states has sued the Environmental Protection Agency over its move to repeal most greenhouse gas emissions standards for power plants. The group, which includes Chicago, Denver, New York City and attorneys general from 20 states plus Pennsylvania's governor and the District of Columbia, filed the lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit. They're also putting the EPA on notice that they intend to sue separately over its failure to regulate emissions from existing gas-fired power plants, including "peaker" plants that run during high-demand periods and are often located in low-income communities.

The EPA, under Administrator Lee Zeldin, finalized the repeal of most of the 2024 Carbon Pollution Standards in September and has proposed scrapping the remaining greenhouse gas rules for power plants entirely. The agency argues it lacks authority under the Clean Air Act to regulate these emissions for climate purposes, pointing to the Trump administration's repeal of a 2009 scientific finding on greenhouse gases and a recent Supreme Court decision limiting federal agency power.

For homeowners, this fight is mainly about air quality and climate policy rather than anything that changes rebates or upgrade programs directly. The coalition argues the rollback will let power plant pollution rise while doing little to lower electricity bills. The case will play out in court, and the outcome could affect how much pollution control is required at plants that supply electricity to homes across the affected states.

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