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States, Health Groups Sue EPA Over Rollback of Mercury and Toxics Rule

The court challenge tests the legality of the EPA’s rollback under the Clean Air Act.

Overview

  • Two lawsuits now target the repeal, with health and environmental groups filing Monday in the D.C. Circuit and a coalition of 21 states and local governments filing as well.
  • The Trump EPA scrapped the Biden administration’s 2024 update to the Mercury and Air Toxics Standards, which also removed continuous real-time emissions monitoring after earlier two-year exemptions for many coal plants.
  • Plaintiffs say the action violates the Clean Air Act and would undo planned protections, noting the 2024 update was projected to cut mercury pollution by about 70% and reduce other toxic metals by roughly two-thirds.
  • Advocates cite EPA and NRDC data showing sulfur dioxide rose about 18% nationwide and mercury rose about 9% after exemptions let many older coal plants avoid stricter controls.
  • EPA defends the repeal as a step to keep energy affordable and reliable and estimates about $670 million in compliance cost savings.