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Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Repair Windows errors before they cause bigger problemsFix Now →On October 1, 2026, a coalition including 21 states asked the U.S. Court of Appeals for the D.C. Circuit to set aside EPA’s final partial repeal of the 2024 power plant carbon pollution standards. The filing challenges that repeal; a separate notice of intent to sue concerns EPA’s failure to regulate greenhouse-gas pollution from many existing natural-gas plants. Neither filing is a court ruling.
What the 21-state lawsuit challenges
New York Attorney General Letitia James led the coalition’s October 1 petition for review, which asks the D.C. Circuit to strike down EPA’s September 2026 partial repeal of the Carbon Pollution Standards for Fossil Fuel-Fired Electric Generating Units. The coalition says EPA abandoned the limits unlawfully, without adequately considering reasonable alternatives, the health and climate costs of added pollution, or the full costs of repeal. Those are the plaintiffs’ allegations, not findings by a court. New York Attorney General’s announcement
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The headline’s “21 states” counts state members, not every party. James’s office describes the wider coalition as 25 other states, counties, and cities; its listed participants also include the District of Columbia, Pennsylvania’s governor, and municipal parties such as the mayors of New York City and Chicago and the City and County of Denver.
Two separate actions involving power plants
The petition challenges EPA’s repeal of the 2024 standards. Alongside it, the coalition issued a separate notice of intent to sue over EPA’s continued failure to regulate greenhouse-gas pollution from many existing natural-gas power plants, including peaker plants that operate when electricity demand is high. The notice signals a prospective challenge; it is not part of the petition seeking review of the repeal. New York Attorney General’s announcement
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What EPA repealed—and what remains proposed
EPA’s rule-history page says Administrator Lee Zeldin signed a final partial repeal of the 2024 Carbon Pollution Standards on September 14, 2026. The agency also issued a supplemental proposal that day to rescind greenhouse-gas findings for fossil-fuel power plants and repeal remaining power-plant greenhouse-gas regulations under Clean Air Act Section 111. That broader action is a proposal, not a completed final repeal in the agency material reviewed. EPA power-plant rule history
The 2024 standards were finalized on April 25, 2024. The new petition targets the 2026 partial repeal; it should not be described as a challenge to a completed repeal of every remaining federal power-plant greenhouse-gas regulation. EPA power-plant rule history New York Attorney General’s announcement
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What the coalition and EPA argue
The coalition’s case
The states and local parties contend that EPA failed to justify abandoning the standards and did not fully account for the health and climate consequences or the costs of the repeal. At an EPA hearing, New York assistant attorney general John Broderick described the agency’s position as a “statutory duty to regulate greenhouse gases from power plants,” as reported by Inside Climate News. That is the coalition-side legal argument, not a ruling on the agency’s authority.
EPA’s rationale
EPA says the 2024 rule exceeded its authority under the Clean Air Act, relied on control technologies the agency considers inadequately demonstrated, and risked forcing plants to retire. It presents the partial repeal as reducing compliance costs and supporting reliable, affordable power. In its separate proposal, EPA argues it lacks Clean Air Act authority to regulate power-plant emissions based on climate change. These are the agency’s stated positions, not settled judicial findings. EPA’s September 14 announcement
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Why the cost figures differ
The available reports give materially different estimates, and they do not reconcile their scopes. Keep each figure attached to its source and measure rather than treating them as interchangeable.
| Figure | What it describes | Source and qualification |
|---|---|---|
| $95 billion to $160 billion over 20 years | Projected power-sector compliance-cost savings from the September 2026 repeal | EPA estimate reported by Inside Climate News in 2026; the report says it excludes health and environmental costs of greenhouse-gas emissions and some benefits EPA described as difficult to monetize. Inside Climate News |
| $370 billion through 2047 | Projected climate and public-health costs avoided under the 2024 rules | EPA estimate attributed to the Biden administration by Inside Climate News in 2026; it is not the same measure as repeal-related compliance savings. Inside Climate News |
| $310 billion | Projected savings from the repeal | EPA’s own September 14, 2026, news release; an agency projection, not an independently verified outcome. EPA announcement |
| $370 million | Projected direct compliance-cost savings from EPA’s additional proposal | EPA’s September 14, 2026, news release; an agency projection for the proposal, separate from the repeal estimate. EPA announcement |
The $95 billion–$160 billion range reported by Inside Climate News and EPA’s $310 billion figure are both presented as repeal-related savings, but the sources reviewed do not explain the difference. The New York attorney general’s office says power plants produce roughly one-quarter of the nation’s carbon dioxide emissions; that is the state office’s framing, not an independently checked estimate in the sources cited here. New York Attorney General’s announcement
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What happens next
The filing asks the D.C. Circuit to review the partial repeal. The sources available for this article establish the October 1 petition and notice of intent, but do not establish later court orders, a briefing schedule, or a decision. The legal claims therefore remain contested. EPA’s broader rescission effort is still identified as proposed in the agency’s rule-history page, which is current through October 2, 2026. EPA power-plant rule history
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