Clean Wisconsin joined a coalition of environmental and public health groups in a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) repeal of federal carbon pollution standards for fossil fuel-fired power plants on Sept. 17. Clean Wisconsin argues the agency failed to properly account for the environmental and public health benefits of reducing carbon pollution.
The groups filed the lawsuit in the U.S. Court of Appeals for the D.C. circuit three days after the EPA finalized a partial repeal of carbon pollution standards adopted in 2024. The 2024 standards established limits on carbon pollution from existing coal-fired power plants and new natural gas-fired power plants. Some of the standards are based on carbon capture and storage technology designed to capture 90% of carbon dioxide emissions.
“Either these existing coal-fired plants and new gas, new build gas plants would have to be prepared to include carbon capture for 90% of their emissions,” Brett Korte, senior staff attorney at Clean Wisconsin told The Daily Cardinal. “The flip side of it was they basically need to run less, right? Or get gas off the system.”
The EPA repealed provisions of the 2024 standards including emission guidelines for existing fossil fuel-fired steam generating units, carbon-capture and storage-based standards for coal-fired plants undergoing large modifications and for new baseload natural gas turbines beginning in 2032. Other standards for combustion turbines remain in effect.
“The rollback of this will just mean that those plants can keep operating without doing much to reduce their local and climate impacts,” Korte said.
EPA estimates that the finalized repeal will save up to $310 billion in compliance costs. A separate proposal to repeal GHG emission standards for power plants is estimated to save an additional $370 billion in compliance costs over a 20 year period.
Clean Wisconsin’s lawsuit challenges the EPA’s reasoning for rolling back the standards.
“EPA is no longer considering public health as a benefit when they’re looking at the cost-benefit of these standards. They’re just looking at the cost to industry of implementing them, and ignoring the benefits to the public. That's the thrust of our legal argument, that that’s unlawful,” Korte said.
The lawsuit was filed by Clean Wisconsin alongside the Natural Resources Defense Council, American Lung Association, American Public Health Association, Clean Air Council and Environmental Defense Fund. Clean Wisconsin is represented by the Clean Air Task Force.
“We want to make sure that in our lawsuit, we’re covering all the harms of this rollback,” Korte said. “We’re looking forward to co-litigating the case with them.”
The groups also argue reducing carbon pollution from power plants can reduce other pollutants released when fossil fuels are burned.
“Measures that clean up power plant emissions also clean up other lung-harming pollutants at the same time. EPA has the authority and the responsibility to protect people’s health from air pollution,” Harold Wimmer, president and CEO of the American Lung Association, said.
“Efforts to control carbon emissions from power plants also reduce other harmful air pollution like particulate matter (soot), nitrogen oxides, and sulfur dioxide,” Paul Mathewson, science program director for Clean Wisconsin, said in a statement to the Cardinal. “The repeal of these rules will therefore result in worse air quality for local communities already being most impacted by fossil fuel energy production.”
Korte said many fossil fuel power plants are located near communities already facing economic and environmental burdens, and highlighted how Wisconsin has the ninth-highest death rate from particulate matter pollution from fossil fuel combustion.
“Most of our fossil fuel combustion power plants are located near communities that are already underserved and already burdened by economic and environmental harms,” Korte said. “They're impacting the most vulnerable people in our communities.”
The coalition also pointed to climate-related effects occurring in Wisconsin.
“Wisconsin residents are already experiencing harmful effects of climate change from hazardous air quality from wildfire smoke to extreme rainfall events leading to record-breaking flood events. The repeal of these rules will mean more of these events,” Mathewson said.
Korte pointed to warmer winters and more frequent extreme weather events in the state.
“We’re seeing less ice cover, less snow, worse storms. We're seeing tornadoes in parts of the state that hardly ever see them. We’re seeing flooding in places like Milwaukee and up north, and all of these things are exacerbated by climate change,” Korte said.
The lawsuit is still in its early stages. Korte said the groups have filed their petition challenging the EPA’s action but have not yet filed their full briefs. Additional lawsuits could also be filed, potentially leading courts to consolidate the cases and establish a briefing schedule.
“For immediate next steps, folks should look for briefings being filed in the coming months,” Korte said.
The case could eventually move through the federal court system, though Korte said that process could take years. In the meantime, Clean Wisconsin encourages people to get involved.
“I encourage people to hold their elected officials accountable for this type of action… Let people know that you care about these things,” Korte said. “It impacts every single person on Earth. In Wisconsin, these aren’t issues that are far away or down the road.”
