Lawsuit claims EPA power plant rule repeal will cause thousands of deaths

Key facts

• Thousands of premature deaths could result from the EPA's repeal of power plant climate rules, according to a lawsuit.
• Public health groups argue the EPA's repeal of climate rules for power plants is "fatally flawed" and "shockingly short-sighted".
• The lawsuit alleges the EPA's action conflicts with the Clean Air Act.
• The EPA claimed its repeal was based on "the best reading of the Clean Air Act" and would save Americans $310 billion in utility costs.
• The EPA stated the repeal is "expected to unleash the full potential of America’s vast energy resources, including coal and natural gas."
• Advocacy groups estimate the rule change will cause billions of dollars in additional health costs.

Public health and environmental advocacy groups have filed a lawsuit challenging the Environmental Protection Agency's (EPA) decision to repeal climate rules for power plants, arguing the move is "fatally flawed" and will lead to thousands of premature deaths and billions in health costs. The lawsuit, filed in the US Court of Appeals for the DC Circuit, contends that the EPA's repeal conflicts with the Clean Air Act.

APHA CEO Georges C. Benjamin stated that the EPA is "weakening" "life-saving standards" and stripping away "vital protections for all, and especially for children, pregnant people and communities already overburdened by pollution." The EPA, however, claimed its action was based on "the best reading of the Clean Air Act" and that the restrictions produce "virtually no benefits." The agency also stated the repeal is expected to save Americans $310 billion in utility costs and an additional $370 million in direct compliance costs for power plants, while "unleashing the full potential of America’s vast energy resources." Meredith Hankins, federal climate legal director for the NRDC, accused the EPA of abdicating its legal responsibilities and expressed confidence that the repeal will not survive court scrutiny, citing Supreme Court precedent that demands the EPA address climate pollution from the nation's largest industrial source.

Advocacy groups, including the Clean Air Council and Clean Wisconsin, warned of "devastating consequences" if the rollback stands, citing increased extreme weather events and high death rates from particulate matter pollution. They argue the EPA is ignoring readily attainable carbon standards and its responsibility to protect the public from harmful pollution and associated health risks and financial costs.