A coalition including the American Lung Association, American Public Health Association, Clean Air Council, Clean Wisconsin, Environmental Defense Fund and NRDC has filed a petition asking the DC Circuit Court of Appeals to review the EPA's recent repeal of climate rules for power plants. The groups argue the repeal violates the Clean Air Act and could lead to thousands of preventable deaths by leaving the largest industrial source of climate pollution unregulated.
The EPA finalized a rule dismantling most of the 2024 Carbon Pollution Standards for power plants, claiming the Clean Air Act doesn't authorize requiring pollution control technology it deems unproven. The agency also proposed eliminating all remaining greenhouse gas emissions requirements for power plants, asserting their emissions have no meaningful climate impact.
The EPA is seeking to rescind a Biden-era rule requiring power plants to cut most greenhouse gas emissions by 2039 or shut down. It is also arguing that the agency lacks authority under the Clean Air Act to regulate such emissions, claiming without scientific support that they pose no threat to public health or the environment.
The EPA issued guidance stating that the Clean Air Act's Acid Rain Program does not apply to 'islanded' power generation facilities—those not connected to the public electricity grid. The move is aimed at making it easier for companies to build dedicated power plants for data centers without triggering certain federal pollution compliance requirements tied to grid-connected generation.
The EPA has proposed amending the 1970 Clean Air Act to remove the 30-day public comment window required before construction begins on facilities classified as 'minor sources' of industrial pollution. The change would allow projects, including many AI data centers, to move forward with less advance public scrutiny.
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