OAKLAND — A coalition of 25 states, counties, and cities filed a lawsuit in the U.S. Court of Appeals for the D.C. Circuit challenging the U.S. Environmental Protection Agency’s rescission of three main aspects of its 2024 Carbon Pollution Standards. The lawsuit asks the court to vacate the EPA's rescission of the 2024 Carbon Pollution Standards and restore the agency's greenhouse gas emission standards.

California Attorney General Rob Bonta co-led the coalition alongside California Governor Gavin Newsom and the California Air Resources Board (CARB). The group includes the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia. The coalition also includes the Governor of Pennsylvania, the Mayors of New York City and Chicago, and the City and County of Denver.

"Rolling back emission standards for power plants is an affront to the American people," Rob Bonta said. "We’ve seen the impacts of climate change firsthand and will continue to fight back," Bonta said.

The coalition alleges that the EPA’s rescission of the 2024 Carbon Pollution Standards violates the Clean Air Act. The EPA rescission removes emission guidelines for existing coal, oil, and gas-fired steam generating units. It also removes requirements for coal-fired steam generating units undertaking a large modification. Additionally, the rescission removes carbon capture and storage-based requirements for new baseload natural gas combustion turbines.

Lauren Sanchez, Chair of the California Air Resources Board, joined the legal challenge. "Today California is challenging the federal government's latest public health rollback that abandons science-based limits on power plant pollution," Sanchez said. She stated that her agency will use every legal tool available to defend the right to breathe clean air and hold the line on the climate progress.

Why It Matters

The 2024 Carbon Pollution Standards were developed under the Biden administration to limit greenhouse gas emissions from power plants, building on earlier New Source Performance Standards and the Clean Power Plan introduced during the Obama administration. Those standards required fossil fuel-fired electric generating units to reduce greenhouse gas emissions by installing carbon capture technology. The 2024 Carbon Pollution Standards faced legal challenges for allegedly exceeding the EPA's statutory authority, a claim echoed in the 2026 repeal and the subsequent lawsuit by 25 states alleging violations of the Clean Air Act.

Timeline

On January 7, 2025, the Eaton Fire began and was responsible for 19 deaths and the destruction or damage of over 9,413 homes and businesses, according to the California Department of Forestry and Fire Protection.

Also on October 1, 2026, California Attorney General Rob Bonta issued several statements regarding the filing. He said, The EPA continues to fail at protecting our environment. He added, "Let’s be clear: The President’s climate defeatism has no place in California." Bonta also stated, While California is focused on protecting the environment and the health of our loved ones, the President remains hell-bent on protecting the pockets of the fossil fuel industry. He concluded with the assertion, "We won’t let these actions put our communities at risk."

What's New

Further context shows the 2024 Carbon Pollution Standards were developed under the Biden administration to limit greenhouse gas emissions from power plants, building on earlier New Source Performance Standards and the Clean Power Plan introduced during the Obama administration. The Eaton Fire, which began on January 7, 2025, was responsible for 19 deaths and the destruction or damage of over 9,413 homes and businesses, according to the California Department of Forestry and Fire Protection. The Eaton Fire is a 2025 wildfire in Southern California, USA.