The Environmental Protection Agency has repealed most of the 2024 rules limiting greenhouse gas emissions from coal and gas fired power plants, and proposed scrapping the remaining federal limits on the sector.
What was repealed
EPA Administrator Lee Zeldin signed the final rule on 14 September. The agency said the repealed provisions relied on technology that is not available at the scale and speed the previous administration assumed, would have imposed unreasonable costs and timelines, and would have forced many plants to retire early. EPA estimates the change removes more than $300 billion in costs for power plant operators.
A second step that is harder to undo
Alongside the final rule, the agency issued a proposal to rescind the findings that underpin regulation of power plant greenhouse gases and to repeal all remaining standards for fossil fuelled generating units under section 111 of the Clean Air Act. If finalised next year, that step could limit what a future administration can do without going back to Congress. EPA will hold a virtual public hearing on the proposal on 1 October.
Where the fight moves
Environmental groups and several states are expected to challenge the repeal in court, arguing that the agency cannot walk away from a duty to regulate emissions it has already found to be harmful to public health. The Supreme Court is due to hear the Suncor Energy case on 5 October, which concerns whether climate related claims can proceed in state courts, and the agency's new position may complicate the federal government's argument. Power plants are one of the largest single sources of U.S. carbon dioxide, so the outcome will shape how fast the country's electricity mix changes regardless of what happens to renewable build-out.