AG Nessel Joins Coalition Suing EPA over Mercury Emissions Rollback
Summary
Michigan Attorney General Dana Nessel joined a coalition of 21 states and local governments filing a lawsuit challenging the Trump administration's repeal of the 2024 Mercury and Air Toxics Standards (MATS) Rule. The coalition argues the EPA failed to provide a reasoned basis for reverting to outdated standards and inadequately considered developments in pollution control technologies. The MATS Rule limits emissions of mercury, arsenic, lead, and other hazardous air pollutants from coal- and oil-fired power plants.
What changed
Michigan AG Nessel and 21 states/local governments have filed a Petition for Review challenging the EPA's rollback of the 2024 Mercury and Air Toxics Standards (MATS) Rule. The coalition argues the EPA's repeal is unlawful because it failed to provide a reasoned basis and did not adequately consider developments in pollution control technologies. The MATS Rule implements nationwide standards limiting emissions of mercury, arsenic, lead, toxic metals, and acid gases from coal- and oil-fired power plants. The petition asks the court to determine the rule is unlawful and must be reversed.
Power plant operators should monitor this litigation as it could affect emission compliance requirements. Mercury emissions from power plants pose neurodevelopmental risks to children and pregnant women, contribute to cardiovascular disease and diabetes in adults, and contaminate waterways affecting commercial and recreational fishing economies. State attorneys general are prepared to pursue all available remedies to reverse the EPA's action and restore stronger environmental protections.
What to do next
- Monitor litigation progress as court may reverse the MATS Rule rollback
- Continue compliance with existing MATS standards pending court decision
- Review emission control technology developments in anticipation of potential standard changes
Source document (simplified)
AG Nessel Joins Coalition Challenging Rollback of Limits on Dangerous Emissions of Mercury and Other Hazardous Air Pollutants from Power Plants
April 01, 2026
LANSING – Michigan Attorney General Dana Nessel joined a coalition of 21 states and local governments in filing a lawsuit (PDF) challenging the Trump administration’s repeal of the 2024 Mercury and Air Toxics Standards (MATS) Rule and reversion to outdated standards that harm the environment and public health.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. In 2024, following significant developments in the technologies used to control pollution, the Environmental Protection Agency (EPA) updated the standards for emissions of these hazardous air pollutants from power plants. Last month, the Trump administration rolled back the updated standards, allowing for more of these dangerous emissions to be released into the air.
“Rolling back critical protections on the air we breathe for obsolete standards defies logic and puts Michigan families at risk,” said Attorney General Nessel. “Clean air should be a priority for any administration. Yet we are seeing a calculated effort by the EPA and the Trump White House to dismantle the guardrails that keep residents safe and prioritize the bottom line of fossil fuel billionaires over public health. My colleagues and I will continue to challenge these unlawful actions to protect our communities and environment.”
While mercury and other hazardous air pollutants disproportionately harm people who live near coal- and oil-fired power plants, the emissions can also travel great distances and be deposited into other states. Mercury is a potent neurotoxin that poses serious dangers to public health, especially for pregnant women and children. For example, a pregnant woman’s consumption of mercury exposes her 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.
Mercury emissions from power plants are also a major contributor to mercury contamination in U.S. waterways. Mercury pollution in lakes and rivers harms the local commercial and recreational fishing economies, as well as tribal nations and indigenous peoples that rely on fishing for subsistence.
Attorney General Nessel and the coalition 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 in its attempt to revert to outdated standards. The attorneys general are asking the court to determine that the rule is unlawful and must be reversed.
Joining Attorney General Nessel in filing the legal challenge are the attorneys general of Arizona, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, along with the City of Chicago, the City of New York and Harris County, Texas.
MI Newswire Attorney General Press Release Environment Media Contact:
Danny Wimmer
Press Secretary
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