Virginia Rejoins Lawsuit Against EPA Over Polluter Reclassification

Detected February 7th, 2026

Summary

Virginia has rejoined a lawsuit against the U.S. Environmental Protection Agency (EPA) to block a rule that would allow major polluters to be reclassified as area sources, potentially facing less stringent regulatory requirements. The lawsuit aims to prevent the reclassification which could lead to increased air pollution.

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What changed

Virginia, through its Attorney General, has rejoined the lawsuit California Communities Against Toxics, et al.,v. the United States Environmental Protection Agency to challenge a recent EPA rule. This rule, if implemented, would allow "major sources" of pollution to be reclassified as "area sources," thereby exempting them from stricter Clean Air Act regulations. The state argues this reclassification will harm public health by allowing major polluters to operate with less oversight.

This action signals a significant legal challenge to the EPA's regulatory reclassification policy. Regulated entities, particularly those classified as major sources of air pollution, should monitor the progress of this lawsuit as its outcome could impact compliance obligations and environmental standards. While no immediate compliance deadline is stated, the lawsuit's success could lead to the reinstatement of stricter regulations for these polluters, with potential consequences for non-compliance with the original Clean Air Act provisions.

Source document (simplified)

Commonwealth of Virginia
Office of the Attorney General

Jay Jones
Attorney General

202 North 9th Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Service
800-828-1120

For media inquiries only, contact:
Rae Pickett
RPickett@oag.state.va.us

Attorney General Jones Moves To Hold Big Polluters Accountable
Directs Virginia to Rejoin California Communities Against Toxics, et al.,v. the United States Environmental Protection Agency Lawsuit

Richmond, VA – **** Today, Attorney General Jay Jones announced that Virginia has rejoined California Communities Against Toxics, et al.,v. the United States Environmental Protection Agency (EPA) in an effort to block the EPA from implementing a rule allowing major polluters to avoid regulatory requirements that keep our air safe.

“The Clean Air Act was put in place to prevent major polluters from releasing toxic emissions into our air that harm our communities and damage our health,” said Attorney General Jay Jones. “When Attorney General Mark Herring joined along 26 other states nearly seven years ago, he did so knowing that the health of our Commonwealth was directly related to the health of our air, water, and soil. Donald Trump’s effort to create regulatory loopholes so major polluters can operate unchecked is disgraceful. As Attorney General, I will continue to leverage every legal tool at my disposal to fight back and protect our most vulnerable communities.”

The Trump Administration’s proposed EPA rule would allow “major sources” to be reclassified as “area sources”, effectively allowing major polluters to operate under less stringent guidelines. Air pollution continues to be a source of negative health impacts, with the greatest impacts being on children, older adults, and vulnerable populations.