AG Sues EPA Over Mercury Emissions Standards Repeal
Summary
New Jersey Attorney General Jennifer Davenport joined a coalition of 18 states in filing a lawsuit challenging the EPA's repeal of Mercury and Air Toxics Standards (MATS) for power plants. The coalition argues the EPA failed to provide a reasoned basis for the repeal and did not adequately consider advances in emission control technology. The states are asking the court to reverse the rule and restore protections against mercury, arsenic, lead, and formaldehyde emissions.
What changed
The coalition of 19 attorneys general and Harris County, Texas filed a petition for review challenging the EPA's recent repeal of MATS, the federal standards limiting mercury and other toxic pollutants from power plants. The states argue the repeal is unlawful under the Administrative Procedure Act because the EPA failed to provide a reasoned justification and did not adequately consider developments in control technologies and practices. Mercury exposure poses serious neurodevelopmental risks to children and cardiovascular risks to adults.
Power plant operators and energy companies should monitor this litigation closely, as a successful challenge could result in restoration of the MATS requirements. Regulated entities should continue compliance with existing emission standards pending the outcome. Environmental groups and state agencies may consider filing amicus briefs to support the coalition's position. The EPA's repeal removed standards that had been in place, and the outcome of this case will determine whether those protections are reinstated.
What to do next
- Monitor litigation progress as restoration of MATS could affect operations
- Maintain existing emission control compliance pending case outcome
- Review state-level mercury regulations that may apply independently
Source document (simplified)
Attorney General Davenport Sues EPA Over Plan to Allow Power Plants to Release More Toxic Mercury
Attorney General Davenport Sues EPA Over Plan to Allow Power Plants to Release More Toxic Mercury
by NJOAG Communications WC | Mar 31, 2026 | Press Release | Protecting NJ From Attacks Out Of DC |
Multistate Coalition Sues Trump Administration for Repealing Toxic Air Emissions Standards
For Immediate Release: March 31, 2026
Office of the Attorney General
– Jennifer Davenport, Attorney General
For Further Information:
Media Inquiries-
Allison Inserro
OAGpress@njoag.gov
TRENTON — Attorney General Jennifer Davenport joined a coalition of 18 states in filing a lawsuit challenging the Trump Administration’s repeal of the existing standards for the amount of mercury and other toxic pollutants that power plants are allowed to release into the environment, thus placing public health—particularly for children—at risk.
“Every time you look, the Trump Administration is taking us backwards, and this time, the issue is about the amount of mercury and other toxics we allow into the air and our water,” said Attorney General Davenport. “Ideological whims should never be allowed to overrule protecting the health of our children.”
Mercury is a potent neurotoxin that poses serious dangers to public health, especially for pregnant women and children. For example, a pregnant person’s consumption of mercury exposes their child to mercury and can cause lifelong developmental harms and neurological disorders such as seizures, vision and hearing loss, or delayed development. Exposure to mercury also increases the risk of cardiovascular disease, diabetes, and autoimmune dysfunction in adults. Moreover, mercury pollution in lakes and rivers harms the local commercial and recreation fishing economies.
In a 2001 study, approximately 13% of pregnant women in New Jersey had unsafe levels of mercury in their system. Because of the seriousness of this problem, New Jersey was one of the first states to regulate mercury in water bodies and power plants.
Last month, the EPA revoked its most recent standards for mercury and other toxic pollutants from power plants including arsenic, lead, and formaldehyde, allowing for more of these dangerous emissions to be released into the air.
The states argue that the repeal is unlawful because the EPA has failed to provide a reasoned basis for it and failed to adequately consider developments in practices, processes, and control technologies. The attorneys general are asking the court to determine that the rule is unlawful and must be reversed.
Attorney General Davenport joined the attorneys general of Arizona, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, along with Harris County, Texas, and Illinois Attorney General Kwame Raoul and Minnesota Attorney General Keith Ellison, who co-led the coalition.
Recent Posts
- Attorney General Davenport Sues EPA Over Plan to Allow Power Plants to Release More Toxic Mercury March 31, 2026
- Ex-NJ Transit Manager Pleads Guilty After Stealing Cellphones from the Agency, Reselling Them, and Failing to Pay Taxes on his Criminal Proceeds March 31, 2026
- AG Davenport Opposes Unprecedented Barriers to Federal Funding Requests March 30, 2026
- AG: Suspended NJ Corrections Officer Indicted in Connection with Alleged Aggravated Assault, Filing of False Reports, and Framing of Inmate for Weapon Possession March 26, 2026
- State Grand Jury Declines to Criminally Charge Guttenberg Police Officer in Connection with Incident in Guttenberg, N.J., on November 12, 2024 March 25, 2026
Named provisions
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Courts & Legal alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when AG: New Jersey News publishes new changes.