The multistate coalition filed the lawsuit challenging the Trump administration's repeal of the 2024 Mercury and Air Toxics Standards (MATS) Rule and reversion to outdated standards that the states say harm the environment and public health. The MATS Rule implements nationwide standards that limit emissions of toxic air pollutants from coal- and oil-fired power plants, including mercury, arsenic, lead and other toxic metals, in addition to acid gases such as hydrogen chloride and formaldehyde.
The Environmental Protection Agency updated the emissions standards in 2024 following significant developments in pollution control technologies, but the Trump administration rolled back those updated standards last month, allowing more dangerous emissions to be released into the air. The attorneys general argue that mercury and other hazardous air pollutants disproportionately harm people living near coal- and oil-fired power plants, though the emissions can travel great distances and be deposited in other states.
Mercury poses particularly serious health risks as a potent neurotoxin, especially for pregnant women and children. According to the lawsuit, a pregnant person's consumption of mercury can cause lifelong developmental harms and neurological disorders in their child, including seizures, vision and hearing loss, or delayed development. Mercury exposure also increases the risk of cardiovascular disease, diabetes and autoimmune dysfunction in adults.
The coalition argues the repeal is unlawful because the EPA failed to provide a reasoned basis for the rollback and failed to adequately consider developments in pollution control practices, processes and technologies. Mercury emissions from power plants are a major contributor to mercury contamination in U.S. waterways, harming commercial and recreational fishing economies as well as tribal nations and indigenous peoples who rely on fishing for subsistence.
"Again and again, Trump is selling out our health and environment to enrich his fossil fuel friends. Big Oil knows how to limit these toxic pollutants. It's not hard or particularly costly. Trump just doesn't care. We're suing today to protect Connecticut families from lifelong developmental harm and disease," said Attorney General Tong.
Illinois Attorney General Kwame Raoul and Minnesota Attorney General Keith Ellison led the coalition, which includes attorneys general from Arizona, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, along with the cities of Chicago and New York and Harris County, Texas.
The attorneys general are asking the court to determine that the rollback rule is unlawful and must be reversed. Assistant Attorney General Scott Koschwitz and Deputy Associate Attorney General Matthew Levine, Chief of the Environment Section, are assisting Attorney General Tong in the matter.