New York Attorney General Letitia James is leading a multistate challenge to the federal government's repeal of major greenhouse gas limits for coal- and gas-fired power plants, according to a release from her office.
The coalition filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit, asking it to overturn the Environmental Protection Agency's September repeal of much of its 2024 Carbon Pollution Standards. The legal challenge does not itself restore the repealed rules.
Coalition disputes EPA's review of health and climate costs
James' office said the repeal removed requirements that many large coal- and gas-fired plants reduce their carbon emissions. It argues the EPA did not adequately weigh alternatives or calculate the health and climate costs of allowing additional pollution. The petition asks the appeals court to set aside the final action.
The EPA announced the partial repeal Sept. 14, saying the 2024 requirements exceeded its authority and relied on emissions-control technology that was not adequately demonstrated at the required scale and pace. The agency projected $310 billion in savings from the action. Those are the EPA's projections and legal position, which the coalition disputes.
The New York attorney general's office says removing the limits could lead to millions of additional tons of greenhouse gas emissions. It cited potential effects including more severe heat, flooding, storms and wildfire smoke, as well as health risks for communities already burdened by pollution. The release did not provide a plant-by-plant estimate of effects in New York or the Finger Lakes.
A separate notice targets existing gas plants
James and other coalition members also notified the EPA that they intend to sue over what they say is the agency's failure to fully regulate greenhouse gas emissions from many existing natural gas power plants. That notice is a separate step from the petition challenging the September repeal; the release did not say the threatened lawsuit had already been filed.
The attorney general's office pointed in particular to gas-fired "peaker" plants, which often run when electricity demand is high and can be located in communities that already face substantial pollution. It argues the Clean Air Act requires additional safeguards for existing gas plants.
At the same time it finalized the partial repeal, the EPA proposed removing remaining greenhouse gas standards for power plants. That broader proposal has not been finalized. James' office said it would testify against the proposal at an EPA hearing.
The attorney general's office said the coalition includes attorneys general from 20 states and the District of Columbia, along with local and other officials. The court challenge will determine whether the finalized rollback survives judicial review; the notice and proposed rule involve separate legal and regulatory processes.
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