States sue Trump administration over rollback of some air pollution regulations

By Elyse Apel
The Center Square

Minnesota Attorney General Keith Ellison is co-leading a multi-state lawsuit challenging the Trump administration’s rollback of some federal limits on toxic air pollution.

The lawsuit targets the repeal of the 2024 update to the Mercury and Air Toxics Standards, known as MATS, which was expanded under the U.S. Environmental Protection Agency during the Biden administration. Those new regulations further tightened limits on emissions from coal- and oil-fired power plants, including mercury, arsenic and lead.

Ellison’s office argues the federal rollback of those regulations will lead to increased pollution, particularly from lignite-burning power plants in nearby North Dakota, and worsen contamination in Minnesota’s lakes and rivers. According to Minnesota, the state already has roughly 1,700 bodies of water impaired by mercury, much of it carried by air pollution from out of state.

“Minnesotans depend on – and love – fishing,” Ellison said. “But no one should have to worry about whether they’re being poisoned when enjoying their walleye.”

The coalition, which includes 21 states and local governments and is co-led by Illinois Attorney General Kwame Raoul, argues the repeal is unlawful and request reverse the decision. The lawsuit, which was filed on Tuesday, claims federal regulators failed to justify abandoning stricter standards and did not properly account for advances in pollution-control technology.

The finalization of the rollback was announced in February, with EPA officials arguing the 2024 rule imposed unnecessary costs and threatened energy reliability. EPA Administrator Lee Zeldin said the repeal would help ensure “affordable, dependable energy” while maintaining existing health protections.

Republicans also supported the move.

“The EPA’s decision to repeal the 2024 MATS revisions is a victory for American energy dominance,” said U.S. House Energy and Commerce Chairman Brett Guthrie, R-KY. “The Biden-Harris Administration’s liberal regulatory agenda would have raised costs, created standards that were impossible to meet, and hurt energy reliability. To strengthen and secure our grid America must depend on reliable and affordable energy, so we cannot afford regulations that drive power plants offline.”

Federal officials pointed to earlier standards adopted in 2012, which they say already reduced mercury emissions from power plants by about 90%. The EPA estimated the repeal of the 2024 expansion of the regulations will save roughly $670 million and lower costs for consumers.

Arizona, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin, along with the city of Chicago, the city of New York and Harris County, Texas, all joined the lawsuit against these rollbacks.

This case comes as a separate coalition of public health groups—including the American Public Health Association, the American Academy of Pediatrics, the American Lung Association and Physicians for Social Responsibility—also filed its own lawsuit challenging the same rollback.

The Southern Environmental Law Center is representing the groups in that lawsuit, which was also filed this week.

“Federal safeguards that have significantly lowered levels of mercury, arsenic, lead and other toxic air pollutants have proven to be a success story for public health and the environment,” said Deborah Murray, a senior attorney with the Southern Environmental Law Center. “Efforts by the Trump administration’s EPA to undermine this progress to promote industry-friendly policies comes at a huge cost for communities who depend on clean air.”