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25 cities, counties and states sue EPA over repeal of power plant greenhouse gas standards

A coalition of 25 cities, counties and states sued the EPA on October 1, 2026 over its repeal of most greenhouse gas standards for power plants, and filed notice of intent to sue over existing gas-fired plants. The suit is in the D.C. Circuit.

By Greener Numbers Editorial Team · Published October 2, 2026 · Updated 10/2/2026

A coalition of 25 cities, counties and states sued the U.S. Environmental Protection Agency on Thursday, October 1, 2026, over the agency's repeal of most of the Biden administration's greenhouse gas emissions requirements for U.S. power plants, Smart Cities Dive reported on October 2. The suit and a notice of intent to sue were filed in the U.S. Court of Appeals for the District of Columbia Circuit.

The coalition also filed a notice of intent to sue the EPA for failing to regulate greenhouse gas pollution from existing gas-fired power plants, including peaker plants that run during high demand and are often located in low-income communities.

EPA Administrator Lee Zeldin announced in September that the agency had finalized the repeal of most provisions of the 2024 Carbon Pollution Standards for Fossil Fuel-Fired Electric Generating Units and proposed rescinding every remaining greenhouse gas standard for the power sector. Zeldin said the agency lacks authority under the Clean Air Act to regulate power plant greenhouse gases to address climate change. The EPA pointed to the repeal of the 2009 endangerment finding and the Supreme Court's Loper Bright decision as the basis.

The plaintiffs include the City and County of Denver, the Pennsylvania governor, the mayors of Chicago and New York City, and attorneys general from 20 states and the District of Columbia. Denver Mayor Mike Johnston said in a statement that the rollbacks would cost public health and that the city looks forward to fighting them in court. Several state attorneys general and a New York City official also testified at a virtual EPA public hearing on the proposal to repeal the remaining standards.

This brief relies on one trade-press report; it does not cite the court filings.

Official source: smartcitiesdive.com ↗