Attorney General Brown Challenges EPA Rollback of Power Plant Pollution Limits

Published: 10/1/2026

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BALTIMORE, MD – Attorney General Anthony G. Brown today joined a coalition of 25 states, counties, and cities in suing the Trump administration for dismantling federal greenhouse gas pollution limits for many of the nation’s largest power plants. In September, the Environmental Protection Agency (EPA) repealed safeguards that required coal- and gas-fired power plants to reduce their greenhouse gas emissions, clearing the way for a significant increase in pollution that will worsen extreme heat, deadly storms, flooding, and wildfire smoke. Attorney General Brown and the coalition are filing a petition for review in the U.S. Court of Appeals for the D.C. Circuit, asking the court to strike down the repeal and restore these protections. The coalition is also notifying the EPA of its intent to sue over the agency’s continued failure to fully regulate pollution from existing natural gas power plants. 

“By dismantling these protections, the Trump Administration will force Marylanders to endure more dangerous floods, face deadlier heat waves, and breathe more toxic wildfire smoke,” said Attorney General Brown. “We are filing this lawsuit not just to protect Maryland today, but to protect the Maryland our loved ones will inherit tomorrow.”  

Attorney General Brown and the coalition are challenging the EPA’s repeal of the 2024 Carbon Pollution Standards, which required many of the country’s largest power plants to reduce their greenhouse gas emissions. Power plants are among the largest drivers of the climate crisis, producing roughly one-quarter of the nation’s carbon dioxide emissions. Rather than hold those polluters accountable, the federal administration erased federal pollution limits for most gas- and coal-fired power plants and introduced a proposal to eliminate power plant emission regulation entirely.   

Eliminating limits on these emissions threatens communities across the country. More climate pollution contributes to more frequent and more intense heat waves that put children, older adults, and workers at risk. It also contributes to stronger storms and heavier flooding that damage homes, businesses, and transit systems, as well as more wildfire smoke that makes air dangerous to breathe. Increased pollution from fossil fuel power plants can worsen asthma, heart disease, and other serious respiratory illnesses, especially in low-income and other overburdened communities, where a disproportionate share of these plants are located. These changes also increase the financial burden on local and state governments that must spend billions of dollars recovering from increasingly extreme weather.   

The EPA’s rescission of these standards is unlawful and dangerous, threatening to impose enormous public health and environmental costs by allowing more pollution into the atmosphere that will worsen climate change. The coalition is asking the court to strike down this unlawful rollback of environmental protections and ensure the United States can keep limiting pollution from many of the nation’s biggest polluters. 

In addition, Attorney General Brown and the coalition today filed a notice of intent to sue the EPA over the agency’s continued failure to regulate greenhouse gas pollution from many existing gas-fired power plants. Those facilities, including “peaker” plants that often operate during periods of high electricity demand, are frequently located in low-income communities and communities of color that already bear a disproportionate share of pollution. Despite issuing standards for new gas plants over a decade ago, the EPA has never fulfilled its legal obligation to limit pollution from these existing gas plants. By delaying these protections for years, the EPA has left many communities without the safeguards required by the Clean Air Act. 

Joining Attorney General Brown in filing today’s lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, as well as the governor of Pennsylvania, the mayors of New York City and Chicago, and the City and County of Denver. 

 

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