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OLYMPIA - The Environmental Protection Agency (EPA) finalized its repeal in September of greenhouse gas requirements and rules for U.S. power plants and the decision almost immediately saw pushback from leaders across the nation.
Washington Attorney General Nick Brown joined a coalition of 25 states, counties and cities on Thursday, challenging the Trump administration and asking for the U.S. Court of Appeals for the D.C. Circuit to restore the greenhouse gas emissions safeguards, which were previously required for coal and gas-fired power plants.
Here's what the coalition argued:
The case against Trump's EPA directly challenged the repeal of the 2024 Carbon Pollution Standards, which was a regulatory action aiming to limit greenhouse gas emissions from fossil fuel-fired power plants under Section 111 of the Clean Air Act.
What they're saying:
"These emissions pose tremendous harm for the health of our residents and the sustainability of our communities," said AG Brown.
The coalition stood on the grounds that the EPA's decision abandoned its pollution limits—arguing its repeal was unlawful—and that the EPA considered neither potential alternatives to greenhouse gas requirements nor direct health risks to the public.
The attorney general's office said greenhouse gas pollution directly harms Washington residents in their everyday lives from individual exposure to outside conditions, to the broader economic impacts on industries like shellfish farming and forestry.
Additionally, the attorney general's office highlighted risks impacting those with existing health conditions, those with limited access to healthcare and the risks of living near pollution sources.
Here's an overview of the EPA's September repeal:
The other side:
When the EPA initially announced the repeal in September, it argued, "If finalized, the new proposal would save an additional $370 million in direct compliance costs, in addition to the billions more American families and businesses can expect to see saved across the economy."
Direct compliance costs are the expenses that energy companies pay to meet certain environmental and safety regulations. These corporate expenses can show up as increased monthly costs on residential electricity bills.
The EPA also said it is taking these actions in accordance with the law and "based on the best reading of the Clean Air Act (CAA)."
"The Trump administration is saving Americans hundreds of millions of dollars through common-sense energy solutions that put an end to the Biden administration's disastrous Green New Scam policies enacted at the cost of our nation's energy security and future," said Chairman of the National Energy Dominance Council and DOI Secretary Burgum.
Dig deeper:
In the proposal from the EPA, it stated that Section 111 of the Clean Air Act did not give the EPA authority to regulate power plant emissions based on climate change.
AG Brown and the coalition filed an additional notice of intent to sue the EPA for its lack of regulation of greenhouse gas pollution from existing gas-fired power plants.
The coalition argued the EPA had not fulfilled its legal obligation to limit pollution from these plants, even though standards were issued in 2015 by the Obama administration.
Big picture view:
Here is the list of states, cities and counties that joined the coalition:
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- North Carolina
- Oregon
- Rhode Island
- Vermont
- Wisconsin
- District of Columbia
- Governor of Pennsylvania
- Mayors of New York City and Chicago
- City and County of Denver
The Source: Information in this story came from the Washington Attorney General's Office, the Environmental Protection Agency (EPA) and the Federal Register.
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