New York challenges EPA’s power-plant emissions repeal
New York and New York City joined a coalition that filed a petition Oct. 1 asking the U.S. Court of Appeals for the D.C. Circuit to overturn the Environmental Protection Agency’s partial repeal of the 2024 power-plant emissions standards and restore the rules.
Published Sept. 17, the final rule repeals emission guidelines for existing fossil-fuel-fired steam units; carbon-capture-based standards for coal-fired steam units undertaking a large modification; and Phase 2 carbon-capture-based standards for new baseload stationary combustion turbines. The rule is scheduled to take effect Nov. 16, 2026.
The petition alleges the EPA violated the Clean Air Act and failed to adequately consider alternatives and health and climate costs. Those are the challengers’ claims, not court findings. The filing does not itself overturn or automatically pause the rule. The EPA separately proposed rescinding remaining power-sector greenhouse-gas standards; that proposal is not part of this challenge. The agency projected $310 billion in savings from the repeal, an estimate rather than a confirmed result.
Sources
- Petition for Review and attached Federal Register notice: Partial Repeal of the Carbon Pollution Standards for Fossil Fuel-Fired Electric Generating Units, Petitioning governments; petition copy hosted by the California Department of Justice
- AP report on the challenge to EPA’s power-plant emissions repeal, Associated Press
- EPA Finalizes Repeal of 2024 Power Plant Regulations, Delivering $300+ Billion in Savings, Proposes Repeal of All Remaining Greenhouse Gas Emissions Standards for Power Plants, U.S. Environmental Protection Agency
- Federal Register notice for the partial repeal of power-plant carbon pollution standards, U.S. Government Publishing Office
- Trump is Making Pollution Great Again: Attorney General Bonta Files Lawsuit Challenging EPA’s Rescission of Power Plant Emissions Rules, California Department of Justice, Office of the Attorney General
- Federal Register, Volume 91 Issue 179 (Thursday, September 17, 2026), www.govinfo.gov
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