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21 States Sue EPA to Reinstate Power Plant Climate Rules

Twenty-one states sued the EPA to reinstate power plant emissions rules, arguing the repeal violates federal law and adds 30 million tons of annual carbon. This case determines if stricter limits remโ€ฆ

21 States Sue EPA to Reinstate Climate Pollution Rules for Power Plants
Inside Climate News โ€” 2 October 2026
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More than 20 states, including North Carolina, Newโ€ฏYork, California and Pennsylvania, and several cities have filed a federal lawsuit against the U.S. Environmental Protection Agency. The suit demands that the EPA restore its greenhouseโ€‘gas limits for coalโ€‘ and naturalโ€‘gas power plants. The attorneys argue that the agencyโ€™s repeal of the Clean Power Plan would undo years of progress toward the Paris climate goals. The case was filed on Monday in Washington, D.C. court.

The Clean Power Plan was issued in 2015 under President Obama and set a 40โ€ฏpercent reduction in emissions from power plants by 2030. The Trump administration rolled it back in 2019, citing costs and economic concerns. In 2021, President Bidenโ€™s administration attempted to replace it with a new rule, but the EPA again weakened the limits in 2023. The states say the new rules would add hundreds of millions of tons of carbon dioxide to the air each year and push the country farther from its climate targets.

The lawsuit claims the EPA violated the Administrative Procedure Act by repealing the rule without a full review. The states say the rule would cut about 300โ€ฏmillion tons of COโ‚‚ annually, while the repeal could increase emissions by 20โ€“30โ€ฏmillion tons. The EPA argues that the old rule was too strict and would hurt jobs and energy prices. State officials say they will pursue stateโ€‘level cleanโ€‘energy plans, but they need federal support to keep power plants from becoming major pollution sources.

The case will move to a district court judge who may issue a temporary injunction to stop the repeal from taking effect. The EPA can appeal, and the decision could set a precedent for how future administrations handle climate regulations. The outcome matters because power plants produce roughly 40โ€ฏpercent of U.S. greenhouse gases. If the court sides with the states, it could force the EPA to reinstate stricter limits, speeding up the transition to cleaner energy and helping the country meet its Paris commitments.

Read Full Story at Inside Climate News โ†’
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