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"This is full-throated climate denial while the climate crisis happens in real time and a shocking betrayal of the American public."
In what environmental advocates describe as "another gift to the fossil fuel industry," the Trump administration plans to end rules limiting the release of planet-heating emissions from power plants that burn coal and gas.
Power plants are considered the largest industrial source of greenhouse gas emissions in the US and account for about a quarter of the nation's climate pollution, according to the Environmental Protection Agency (EPA).
In 2024, the EPA under the Biden administration used the Clean Air Act to require that many new gas plants and existing coal plants reduce their carbon emissions by 90%, including by installing carbon capture technology, by 2032.
The EPA estimated that the rule would reduce the amount of CO2 emissions by about 1.38 billion metric tons over the next two decades, the equivalent of about a year of emissions from the entire US electric power sector.
On Monday, Lee Zeldin, the EPA administrator under President Donald Trump, announced an end to this policy at a meeting of energy ministers at the Group of 20 conference in Houston.
Not only will this prevent the enactment of a policy that the EPA has estimated would prevent around 1,200 premature deaths and 360,000 asthma cases by 2035. But the administration is also rolling out a proposal seeking to prevent future administrations from regulating carbon emissions as a health risk.
It is an effort that runs parallel to the administration's rescission of the 2009 "endangerment finding," which allowed the EPA to regulate vehicle emissions under Section 202 of the Clean Air Act on the grounds that they are harmful to human health. That move is also being challenged in court.
Power plants are regulated under a different section of the Clean Air Act, Section 111, which allows the EPA to regulate facilities that "cause, or contribute significantly to" dangerous air pollution.
But whereas the courts have previously interpreted this statute to regulate the outputs of entire facilities, the Trump administration is asking courts to adopt a novel reading of the statute which says each individual chemical under scrutiny must “contribute significantly” to climate change.
As Meredith Hankins, legal director for climate and energy at the Natural Resources Defense Council, explained in a policy memo last week, it likely won't be easy for the administration to prove that the CO2 emissions from US power plants aren't a significant driver of climate change.
"Power sector emissions account for a quarter of total US emissions, so if they cannot be counted as significant, it’s hard to conceive of any emissions that would," Hankins wrote. "In fact, if the US power sector were a nation, it would be the world’s fifth-largest emitter after China, the United States, India, and Russia. That’s a pretty 'significant contribution' to the problem."
The effort to gut power plant regulations comes after the hottest meteorological summer recorded in US history and amid a year with one of the largest numbers of climate disasters on record, including widespread drought, destructive wildfires, and repeated flooding and tornado outbreaks.
As the planet has warmed over the last half-century, the US has seen a sharp, near-sevenfold increase in weather disasters costing over $1 billion, according to data from the National Oceanic and Atmospheric Administration.
“While wildfires rage, floods devastate communities, and families struggle to afford skyrocketing electricity bills and insurance premiums, the Trump administration is handing the fossil fuel industry a license to keep polluting," said Holly Bender, chief program officer for the Sierra Club, following news of the EPA's rollback of power plant rules. "This is full-throated climate denial while the climate crisis happens in real time and a shocking betrayal of the American public."
She added that "the Sierra Club will fight back against this reckless and dangerous proposal with everything we have in the courts, in Congress, and in communities across the country.”
If successful, the reversal of the power plant rules would be one of the most significant steps in Zeldin's push to eviscerate the EPA's authority to combat climate change on behalf of the fossil fuel industry. Earlier this summer, during a meeting of the National Coal Council, he bragged that "many of the items" on the industry's "wish list are now done."
He has put the wheels in motion to roll back virtually every Biden-era regulation on the coal industry, including rules limiting pollution from mercury and toxic metals, controls on toxic wastewater from coal plants, and limits on coal ash.
And while seeking to undermine the legal basis to regulate greenhouse gases, Zeldin's EPA has also taken a sledgehammer to its practical ability to do so, dismantling offices that collect climate data, erasing information about human-caused climate change from the agency's websites, and filling research panels with scientists employed by the fossil fuel industry.
Former State Department energy official Alan Eyre noted that on the world stage, the US "has always been obstructionist" when it comes to climate policy. Under Trump, he said, "we're actively malevolent."
"The result will be some of the dirtiest power sources rushed into neighborhoods without giving communities any opportunity to weigh in," said one critic.
Critics are warning that President Donald Trump's Environmental Protection Agency is pushing through a rule that would let artificial intelligence data center builders off the hook for making public disclosures ahead of construction.
The rule, which first came to light during an EPA meeting last month, would delegate power to states over public participation in the permitting process for specific sources of air pollution, such as diesel generators that are frequently used by data centers.
According to a July report in Mother Jones, the proposed rule "could have major consequences for how ordinary people are given notice about new or expanded polluting facilities coming into their neighborhoods."
Late last week, a coalition of more than 200 environmental groups filed objections to the rule change, which they warned would make public notice for certain polluting projects entirely optional, depending on the whims of state and local governments.
Dori Jaffe, managing attorney at Sierra Club, said on Monday that the rule change would "help data center developers evade more health standards and do so secretly."
"We demand that the EPA rescind this attempt to further cut the public out of decisions made in their own backyards," said Jaffe. "We deserve to have a say about developments in our community that would impact our air quality and the health of our families."
Sheena Patel, attorney for the Natural Resources Defense Council, noted that the administration was attempting to limit public input into polluting projects at a time when opposition to AI data center construction has hit a record high among US voters.
If the rule change goes through, Patel added, "the result will be some of the dirtiest power sources rushed into neighborhoods without giving communities any opportunity to weigh in."
Brandon Jones-Cobb, senior attorney at the Center for Biological Diversity, said it was "beyond cruel" that the EPA seems determined to "silence front-line communities who bear the brunt of unhealthy air" generated by polluting industries.
"The agency has already turned its back on science, cut enforcement against industrial polluters and eliminated life-saving air pollution measures," said Jones-Cobb. "Now it wants to shut the public out of decisions to build or expand facilities that expose communities to dangerous air pollution, including data centers. This EPA is so out of touch with Americans and only focuses on making polluters happy."
In an interview with The Guardian published Tuesday, Joe Goffman, former assistant administrator for the EPA’s office of air and radiation, said the rule change would dismantle what he described as an "ironclad promise" made in the 1963 Clean Air Act to give ordinary citizens voices in where, how, and whether potential centers of air pollution are built.
"The administration is basically saying: 'You all may have thought this was an ironclad promise, but it no longer is,'" Goffman emphasized.
If lawmakers pass four Congressional Review Act resolutions, the coalition warns, "families will experience consequences," from further strained household budgets to breathing toxic air.
Dozens of organizations focused on consumer advocacy, the environment, health, science, and more came together on Monday for a letter urging the Republican-controlled US Congress to vote down four resolutions attacking clean air protections.
Signed by 95 groups, including the Center for Biological Diversity, Earthjustice Action, Physicians for Social Responsibility, Progressives for Democracy in America, Public Citizen, and Sierra Club, the letter takes aim at four resolutions recently introduced by Republicans under the Congressional Review Act (CRA).
The CRA allows lawmakers to overturn rules and regulations issued by federal agencies—and has already been used by Big Oil-backed President Donald Trump and his allies in Congress to roll back policies aimed at limiting pollution.
After Trump returned to power last year, the US Environmental Protection Agency (EPA) transmitted to Congress three emission waivers that the Biden administration granted to California, which led to CRA resolutions that lawmakers passed and the president signed—measures condemned at the time as his "latest betrayal of democracy" and a gift to polluters.
This past June, the Trump EPA announced that it was submitting four more to Congress, resulting in new resolutions that, as the letter notes, "seek to overturn four long-standing Clean Air Act preemption waivers that states rely on to protect the health and safety of their residents (HJRes. 202/SJRes 206, HJRes. 205/SJRes. 207, HJRes. 211/SJRes. 208, HJRes. 214/SJRes. 205)."
As the letter details, these resolutions target waivers for:
These waivers "are essential for saving families money and protecting air quality," and "given the affordability crisis facing millions of people today, it would be a disastrous waste of time and resources to attempt to nullify" them, the letter argues. "Vehicles and off-road engines currently in use already meet the standards that Congress is attacking—and these standards mean that our cars, trucks, and off-road engines cost less at the gas pump and that our air is cleaner. There's nothing to fix."
While votes for the resolutions are not yet planned, the coalition warned that "if Congress attempts to improperly block the implementation of these long-established state standards, families will experience consequences," from breathing toxic air to further straining household budgets as "gas prices are skyrocketing" thanks to Trump's illegal war on Iran.
Already, "more than 152 million people live in counties with unhealthy levels of ozone or particulate pollution," the groups noted, citing the American Lung Association (ALA). "Smogforming pollution from combustion cars, trucks, lawn mowers, and leaf blowers can worsen asthma, decrease lung function, and lead to premature death, particularly in children and the elderly."
"Fine particulate matter (PM2.5) from transportation is singlehandedly responsible for up to 20,000 premature deaths each year," they continued. "All of these burdens disproportionately affect communities of color and low-income communities who are more likely to live near major trucking routes and transportation hubs."
Pointing to the ALA's 2025 and 2026 reports that "document a stark reversal forcing more people to live in counties graded 'F' for ozone pollution," the letter stresses that "the waivers are more essential than ever. These improper CRA resolutions threaten the ability of states to take action to protect their residents from harmful air pollution and its negative public health impacts."
"The repeal of these protections will mean more asthma attacks, emergency room visits, and premature deaths," said more than two dozen environmental and health groups.
A coalition of more than two dozen environmental and health groups sued the Trump administration on Monday for repealing Environmental Protection Agency rules that curbed dangerous chemical pollution from coal-fired power plants.
As part of President Donald Trump's efforts to dramatically expand the use of coal, the EPA last month finalized the repeal of the 2024 Mercury and Air Toxics Standards (MATS), which tightened existing restrictions on the emission of mercury, lead, and other brain-damaging chemicals from power plants.
Coal emits more planet-heating carbon dioxide per unit than any other fossil fuel. Coal plants also release a slew of other chemicals that can cause numerous health complications, including asthma, lung cancer, and respiratory infections.
The EPA says coal-fired power plants are also the single largest source of airborne mercury emissions, which can impair cognitive development, especially in young children.
MATS was created in 2012 to counter these effects and proved quite successful. Within six years of its enactment by the EPA, the amount of toxic mercury being emitted into the atmosphere from energy plants had declined by 90%, according to an agency report.
The Trump EPA has not repealed MATS entirely. Instead, it has targeted amendments enacted by the Biden administration in 2024 that lowered caps on mercury emissions, as well as on other toxic chemicals such as nickel and arsenic.
The EPA has also repealed rules requiring constant monitoring of toxic chemical emissions. Instead of installing expensive systems to track their outputs 24/7, plants can revert to conducting occasional checks.
The repeal came after the administration had already given dozens of coal plants a two-year exemption from the standards last April, even though, according to the agency, 93% were already on track to meet the requirements.
According to an analysis of EPA data by the Natural Resources Defense Council (NRDC) last month, sulfur dioxide pollution from coal plants increased by 18% last year, with those exempt from the rules surging almost twice as much as those not exempt.
The lawsuit, filed in the US Court of Appeals for the District of Columbia, argues that the Trump administration's actions violate the Clean Air Act, ignore the scientific record, and endanger communities living near power plants.
The suit is backed by groups including the NRDC, the Sierra Club, and the Environmental Defense Fund, as well as the American Academy of Pediatrics and the American Lung Association.
"The repeal of these protections will mean more asthma attacks, emergency room visits, and premature deaths," the groups said in a statement challenging the repeal. "This administration is not just rolling back rules, it is eliminating the monitoring infrastructure needed to know what is coming out of these smokestacks in the first place."
"It is allowing coal plants to spew out more neurotoxic mercury into our air and food supply, while simultaneously keeping the communities most at risk in the dark about how serious that threat is," they said. "This is a betrayal of the EPA’s core mission.”
"The only beneficiaries will be polluting industries, many of which are among President Trump’s largest donors,” the lawmakers wrote.
A group of 31 Democratic senators has launched an investigation into a new Trump administration policy that they say allows the Environmental Protection Agency to "disregard" the health impacts of air pollution when passing regulations.
Plans for the policy were first reported on last month by the New York Times, which revealed that the EPA was planning to stop tallying the financial value of health benefits caused by limiting fine particulate matter (PM2.5) and ozone when regulating polluting industries and instead focus exclusively on the costs these regulations pose to industry.
On December 11, the Times reported that the policy change was being justified based on the claim that the exact benefits of curbing these emissions were “uncertain."
"Historically, the EPA’s analytical practices often provided the public with false precision and confidence regarding the monetized impacts of fine particulate matter (PM2.5) and ozone," said an email written by an EPA supervisor to his employees on December 11. “To rectify this error, the EPA is no longer monetizing benefits from PM2.5 and ozone.”
The group of senators, led by Sen. Sheldon Whitehouse (D-RI), rebuked this idea in a letter sent Thursday to EPA Administrator Lee Zeldin.
"EPA’s new policy is irrational. Even where health benefits are 'uncertain,' what is certain is that they are not zero," they said. "It will lead to perverse outcomes in which EPA will reject actions that would impose relatively minor costs on polluting industries while resulting in massive benefits to public health—including in saved lives."
"It is contrary to Congress’s intent and directive as spelled out in the Clean Air Act. It is legally flawed," they continued. "The only beneficiaries will be polluting industries, many of which are among President [Donald] Trump’s largest donors."
Research published in 2023 in the journal Science found that between 1999 and 2020, PM2.5 pollution from coal-fired power plants killed roughly 460,000 people in the United States, making it more than twice as deadly as other kinds of fine particulate emissions.
While this is a staggering loss of life, the senators pointed out that the EPA has also been able to put a dollar value on the loss by noting quantifiable results of increased illness and death—heightened healthcare costs, missed school days, and lost labor productivity, among others.
Pointing to EPA estimates from 2024, they said that by disregarding human health effects, the agency risks costing Americans “between $22 and $46 billion in avoided morbidities and premature deaths in the year 2032."
Comparatively, they said, “the total compliance cost to industry, meanwhile, [would] be $590 million—between one and two one-hundredths of the estimated health benefit value."
They said the plan ran counter to the Clean Air Act's directive to “protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare,” and to statements made by Zeldin during his confirmation hearing, where he said "the end state of all the conversations that we might have, any regulations that might get passed, any laws that might get passed by Congress” is to “have the cleanest, healthiest air, [and] drinking water.”
The senators requested all documents related to the decision, including any information about cost-benefit modeling and communications with industry representatives.
"That EPA may no longer monetize health benefits when setting new clean air standards does not mean that those health benefits don’t exist," the senators said. "It just means that [EPA] will ignore them and reject safer standards, in favor of protecting corporate interests."
Repealing the EPA's endangerment finding "isn’t about saving taxpayers’ money, it’s about saving an industry that has already been exposed as a permanent danger to American families," said the head of 350.org.
In what the Sierra Club described as an act to "formalize climate denialism as official government policy," the Trump administration announced Thursday that it has revoked the long-standing "endangerment finding" that allowed the Environmental Protection Agency to pass regulations fighting the climate crisis.
The 2009 endangerment finding determined that the emissions of carbon dioxide, methane, and other greenhouse gases posed a hazard to public health and welfare by causing the planet to warm dramatically, citing overwhelming scientific evidence, which has only grown more indisputable in the nearly two decades since.
With the US Supreme Court having ruled in 2007 that the EPA could make regulations on climate change if it were deemed a health risk, this finding served as the basis for virtually every climate-related EPA regulation under the 1970 Clean Air Act, including those limiting emissions from motor vehicles, power plants, oil and gas facilities, and other sources of pollution.
The finding has been a target of the fossil fuel industry since it was reached. Under President Donald Trump, who has boasted openly of serving the fossil fuel industry in exchange for hundreds of millions of dollars of financial support during his last election, they have found their hero.
EPA Administrator Lee Zeldin, who has enthusiastically backed Trump's initiatives to expand oil drilling and coal mining, called the repeal of the finding "the largest deregulatory action in the history of America."
Indeed, it is expected to immediately eviscerate fuel-efficiency standards and electric vehicle requirements for cars and trucks, which are already the largest single source of carbon dioxide emissions in the US, contributing about 1.8 billion metric tons in 2022.
While the White House has said the reduced efficiency standards will “save the American people $1.3 trillion in crushing regulations,” this is a drop in the ocean compared to the $87 trillion in economic disruption that a study by researchers at the University of Chicago and the University of Pennsylvania estimated will come over the next 25 years as a result of increased natural disasters and sea-level rise caused by American corporations' fossil fuel outputs.
In the United States, weather disasters—exacerbated by global warming—caused $115 billion in total damages last year, the third most since tracking began in 1980, behind only 2023 and 2024. Last year had more billion-dollar disasters than any other year on record.
Anne Jellema, the executive director of the environmental group 350.org, said repealing the endangerment finding "isn’t about saving taxpayers’ money, it’s about saving an industry that has already been exposed as a permanent danger to American families."
"While the Trump administration can manipulate scientific agencies, it can never suppress the truth that ordinary people in the US and around the world are paying the real price for Big Oil’s profits: Lives are being lost, homes are being destroyed, and costs are soaring," she said.
The Trump administration does not have the last word on the endangerment finding. Climate groups, including Earthjustice, have already stated their intention to challenge the legality of the decision.
"The courts have repeatedly affirmed EPA’s obligation to clean up climate pollution," said Earthjustice president Abigail Dillen. "There is no way to reconcile EPA’s decision with the law, the science, and the reality of disasters that are hitting us harder every year."
Dillen said, "Earthjustice and our partners will see the Trump administration in court.” But it may face an uphill battle.
Though the Supreme Court laid the groundwork for the finding's creation, the current right-wing majority has rolled back its authority in recent years, most notably in 2022, when the justices limited the EPA's authority to impose emissions standards on power plants.
David Arkush, the director of Public Citizen’s climate program, said that "if left to stand," the rollback of the endangerment finding "will hamstring the government’s ability to combat the most terrible environmental threat in human history, harming Americans and the world for decades to come."
“Abundant scientific evidence supports the EPA’s prior conclusion that greenhouse gases threaten public health and welfare," he added. "Americans feel the effects of climate change constantly, as we experience more dangerous hurricanes, furnace-like heat domes, walls of water slamming into our children’s summer camps, raging wildfires, and other extreme weather driven by greenhouse gases.”
“Administrator Zeldin is removing all incentives for big polluters to follow the law and turning a blind eye to those who suffer from the impacts of pollution.”
The Trump administration settled just 15 of the illegal pollution cases referred by the US Environmental Protection Agency in the first year of President Donald Trump's second term in the White House, according to data compiled by a government watchdog—the latest evidence that Trump officials are placing corporate profits above the EPA's mission to "protect human health and the environment."
In the report, The Collapse of Environmental Enforcement Under Trump's EPA, Public Employees for Environmental Responsibility (PEER) noted Thursday that in the first year of former President Joe Biden's administration, 71 cases referred by the EPA were prosecuted by the US Department of Justice (DOJ).
“Under [EPA Administrator] Lee Zeldin, anti-pollution enforcement is dying a quick death,” said Tim Whitehouse, executive director of PEER and a former enforcement attorney at EPA.
The DOJ lodged just one environmental consent decree in a case regarding a statutory violation of the Clean Air Act from the day Trump was inaugurated just over a year ago until now—signaling that the agency "virtually stopped enforcing" the landmark law that regulates air pollution.
"Enforcing the Clean Air Act means going after violators within the oil, gas, petrochemical, coal, and motor vehicle industries that account for most air pollution," reads the report. "But these White House favorites will be shielded from any serious enforcement, at least, while Lee Zeldin remains EPA’s administrator."
“For the sake of our health and the environment, Congress and the American people need to push back against Lee Zeldin’s dismantling of EPA’s environmental enforcement program.”
In the first year of his first term, Trump's DOJ settled 26 Clean Air Act cases, even more than the 22 the department prosecuted in Biden's first year.
The report warns that plummeting enforcement actions are likely to contribute to health harms in vulnerable communities located near waterways that are filled with "algae blooms, bacteria, or toxic chemicals" and near energy and chemical industry infrastructure, where people are more likely to suffer asthma attacks and heart disease caused by smog and soot.
“Enforcing environmental laws ensures that polluters are held accountable and prevented from dumping their pollution on others for profit,” said Joanna Citron Day, general counsel for PEER and a former senior counsel at DOJ’s Environmental Enforcement Section. “For the sake of our health and the environment, Congress and the American people need to push back against Lee Zeldin’s dismantling of EPA’s environmental enforcement program.”
EPA's own enforcement and compliance database identifies 2,374 major air pollution sources that have not had a full compliance evaluation in at least five years, and shows that no enforcement action has been taken at more than 400 sources that are marked as a "high priority."
Nearly 900 pollution sources reported to the EPA that they exceeded their wastewater discharge limits at least 50 times in the past two years.
The agency has also repealed its rules limiting carbon pollution from gas-powered cars, arguing that the EPA lacks the authority to regulate carbon.
As public health risks mount, PEER noted, Zeldin is moving forward with plans to stop calculating the health benefits of rules aimed at reducing air pollution, and issued a memo last month detailing a "compliance first" policy emphasizing a "cooperative, industry-friendly approach" to environmental regulation.
“Administrator Zeldin is removing all incentives for big polluters to follow the law," said Whitehouse, "and turning a blind eye to those who suffer from the impacts of pollution.”
"This policy will cause more deaths of vulnerable Americans, like infants and the elderly," said one critic. "Also, it appears to be a violation of the Clean Air Act."
The Trump administration plans to stop calculating the monetary value of the public health benefits from reducing air pollution and instead focus exclusively on the cost to industry when setting pollution limits, the New York Times reported Monday.
Intragency emails and other documents reviewed by the Times revealed that the Environmental Protection Agency (EPA) is planning to stop tallying the financial value of health benefits caused by limiting fine particulate matter (PM2.5) and ozone when regulating polluting industries.
Research published in 2023 showed that PM2.5 pollution from coal-fired power plants alone killed approximately 460,000 people in the US from 1999 to 2020.
"This policy will cause more deaths of vulnerable Americans, like infants and the elderly," American University School of Public Affairs professor Claudia Persico said on X Monday. "Also, it appears to be a violation of the Clean Air Act. This is incredibly foolish."
The EPA proposal would mark a stark reversal of decades of policy under which the agency cited the estimated cost of avoided asthma attacks and premature deaths to support stronger clean air rules. The change is likely to make it easier to roll back limits on PM2.5 and ozone from coal-burning power plants, oil refineries, steel mills, and other polluting facilities.
“The idea that EPA would not consider the public health benefits of its regulations is anathema to the very mission of EPA,” Richard Revesz, faculty director at the Institute for Policy Integrity at New York University School of Law, told the Times.
“If you’re only considering the costs to industry and you’re ignoring the benefits, then you can’t justify any regulations that protect public health, which is the very reason that EPA was set up,” Revesz added.
The Environmental Protection Network (EPN), an advocacy group, said in a statement Monday that "EPA’s reported decision to ignore prevented deaths is part of a pattern of ignoring or downplaying health effects in the rulemaking process, including in its rulemaking on effluent guidelines for coal-fired power plants and its recent Waters of the United States rulemaking."
Critics of President Donald Trump's policies accuse his administration of repeatedly putting polluters—who contributed hundreds of millions of dollars toward reelecting the president and supporting other Republicans—over people.
"EPA should strengthen how it values human life and health, not pretend it doesn’t matter," Katie Tracy, senior regulatory policy advocate at the consumer advocacy group Public Citizen, said Monday. "By refusing to monetize the benefits of cleaner air, the agency is effectively saying that preventing asthma attacks, heart disease, and early deaths have no dollar value at all."
"This unconscionable decision by the EPA should be called out for what it really is—a favor to corporate interests at the expense of the environment and public health," Tracy added. "EPA’s decision is not only shocking—it’s illegal and violates the Supreme Court’s instruction that the government cannot stack the deck to benefit polluters. Accordingly, if this disturbing policy leads to regulatory repeals or weak standards, it will certainly be challenged in court.”
During Trump's second term, the EPA has moved to repeal or replace the stronger carbon emission limits on fossil-fueled power plants put in place by the Biden administration, rescinded Biden-era fuel efficiency and emissions standards for cars and light trucks, revoked California's ability to enact stricter vehicle emissions rules, and signaled plans to overturn the agency's finding that greenhouse gases are a public health hazard.
The EPA has also weakened water and wetland protections, rolled back regulations limiting so-called "forever chemicals" in drinking water, dramatically cut or eliminated environmental justice programs, reduced enforcement of environmental violations, dismantled long-standing advisory and scientific panels, removed all mentions of human-caused climate change from its website, and more.
According to a 2024 EPN analysis, Trump's rollbacks could cause the deaths of nearly 200,000 people in the United States by 2050.
EPA Administrator Lee Zeldin—a former Republican congressman from New York with an abysmal 14% lifetime rating from the League of Conservation Voters—has also boasted about canceling around $20 billion worth of Biden-era green grants.
"EPA’s current leadership has abandoned EPA’s mission to protect human health and safety," EPN senior adviser Jeremy Symons said Monday. "Human lives don’t count. Childhood asthma doesn’t count. It is a shameful abdication of EPA’s responsibility to protect Americans from harm. Under this administration, the Environmental Protection Agency is now the Environmental Pollution Agency, helping polluters at the expense of human health."
When powerful corporations are able to completely circumvent basic democratic accountability, public interest lawsuits are a final backstop to protect the community’s well-being.
The NAACP and the Southern Environmental Law Center are moving to sue Elon Musk’s xAI artificial intelligence company for alleged violations of the Clean Air Act. The company has been accused of illegally operating several dozen diesel-fueled turbines to power Musk’s “Colossus,” a massive data center located on an old industrial lot.
According to SELC, the company operated those generators to power Colossus—and released toxic pollutants—without even applying for a permit to use them.
This entire saga is an excellent example of why public interest lawsuits and strong environmental regulations are critically important. Unfortunately, both are under attack on multiple fronts. The Trump administration and the US Supreme Court have both moved to seriously weaken the Clean Air Act and the Clean Water Act. The White House and the Roberts court, joined by many “supply-side liberals” and proponents of the “abundance agenda,” are also attempting to impeach environmental regulation and public interest lawsuits in the court of public opinion.
Musk’s Memphis misadventures are a case in point of why that’s so dangerous.
No prominent abundance proponent has even attempted to square Musk’s actions with their insistence that we need to remove opportunities to sue to block development.
Colossus went into operation while adroitly sidestepping the democratic process. By dangling promises of tax revenues and economic development, xAI was able to begin operating its massive data center with even some city officials totally oblivious to the process. A company representative who was supposed to speak at a public meeting with the county commission played hooky. Add it all up and it demonstrates how, especially at the local level, powerful corporations are able to completely circumvent basic democratic accountability. In those cases, public interest lawsuits are a final backstop to protect the community’s well-being.
When the government refuses to enforce the laws and allows corporations to run amok, it falls to activists and community groups to force its hand. This is the central premise of Public Citizen founder Ralph Nader’s decades of progressive politics, and something that many centrist Democratic pundits have begun to deride.
What such pundits invariably miss, however, is that despite Nader’s successes, there are still innumerable instances where governments fail to hold powerful corporate interests accountable. In an emblematic example, Ezra Klein and Derek Thompson argue in their bestseller Abundance that, while Nader’s approach was important in the late 1960s and early 1970s, we are now at a juncture where such litigation serves mostly to delay important policy implementation and no longer serves a critical purpose. But for all too many disproportionately poor and majority-minority communities like South Memphis, a public interest lawsuit of the sort denigrated in sweeping fashion by pundits is their last, and honestly only, means of protecting themselves.
The framework deployed by the abundance movement, which is echoed by the Trump administration and the Supreme Court, assumes away instances like xAI in Memphis. Indeed, no prominent abundance proponent has even attempted to square Musk’s actions with their insistence that we need to remove opportunities to sue to block development.
Unfortunately, Musk’s machinations along the Mississippi are part of a longstanding pattern of the government ignoring, and sometimes engaging in, development that poses acute harms to vulnerable—disproportionately majority-minority and poor—communities. South Memphis has been repeatedly left exposed to toxic waste by exploitative industrial practices and government neglect. The Tennessee Valley Authority dumped its toxic coal ash waste there. The same exact site where Colossus now sits once hosted a polluting factory.
And it isn’t just South Memphis. Across the United States, there are abundant examples of communities hung out to dry. The corridor of petrochemical factories between Baton Rouge and New Orleans, Louisiana, for example, has been dubbed “Cancer Alley” because its residents are subjected to such high levels of carcinogenic pollution. Other areas with heavy fossil fuel infrastructure are called “sacrifice zones” because of how much cancer and chronic disease residents endure.
Even now waste facilities are almost always sited in poor neighborhoods that don’t have the wealth and political capital to block them. Lawsuits are the final bulwark to defend those communities. Calling for them to taken off the table is dangerous, especially with the White House and Supreme Court eager to ape such talking points to justify removing any means of blockading the whims of the powerful.
"Zeldin's assertion that the EPA shouldn't address greenhouse gas emissions is like a fire chief claiming that they shouldn't fight fires," said one critic. "It is as malicious as it is absurd."
U.S. President Donald Trump's administration faced an onslaught of criticism on Tuesday for starting the process of repealing the 2009 legal opinion that greenhouse gases endanger public health and the welfare of the American people—which has enabled federal regulations aimed at the fossil fuel-driven climate emergency over the past 15 years.
Confirming reports from last week, Environmental Protection Agency (EPA) Administrator Lee Zeldin unveiled the rule to rescind the 2009 "endangerment finding" at a truck dealership in Indiana. According to The New York Times, he said that "the proposal would, if finalized, amount to the largest deregulatory action in the history of the United States."
If the administration succeeds in repealing the legal finding, the EPA would lack authority under the Clean Air Act to impose standards for greenhouse gas emissions—meaning the move would kill vehicle regulations. As with the reporting last week, the formal announcement was sharply condemned by climate and health advocates and experts.
" Greenhouse gas emissions endanger public health and are the root cause of the climate crisis," said Deanna Noël with Public Citizen's Climate Program, ripping the administration's effort as "grossly misguided and exceptionally dangerous."
"This isn't just a denial of science and reality—it's a betrayal of public trust and yet another signal that this administration is working for corporate interests, and no one else."
"Stripping the EPA of its ability to regulate greenhouse gases is like throwing away the fire extinguisher while the house is already burning," she warned. "The administration is shamelessly handing Big Oil a hall pass to pollute unchecked and dodge accountability, leaving working families to bear the costs through worsening health outcomes, rising energy bills, more climate-fueled extreme weather, and an increasingly unstable future. This isn't just a denial of science and reality—it's a betrayal of public trust and yet another signal that this administration is working for corporate interests, and no one else."
Noël was far from alone in accusing the administration's leaders of serving the polluters who helped Trump return to power.
"Zeldin and Trump are concerned only with maximizing short-term profits for polluting corporations and the CEOs funneling millions of dollars to their campaign coffers," said Jim Walsh, policy director at Food & Water Watch. "Zeldin's assertion that the EPA shouldn't address greenhouse gas emissions is like a fire chief claiming that they shouldn't fight fires. It is as malicious as it is absurd."
Dan Becker, director of the Center for Biological Diversity's Safe Climate Transport Campaign, similarly said that the proposal is "purely a political bow to the oil industry" and "Trump is putting fealty to Big Oil over sound science and people's health."
Earthworks policy director Lauren Pagel also called the rule "a perverse gift to the fossil fuel industry that rejects yearslong efforts by the agency, scientists, NGOs, frontline communities, and industry to protect public health and our environment."
"Donald Trump and Lee Zeldin are playing with fire—and with floods and droughts and public health risks, too," she stressed, as about 168 million Americans on Tuesday faced advisories for extreme heat made more likely by the climate crisis.
🚨 The Trump administration just took its most extreme step yet in rolling back climate protections.
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— Sierra Club (@sierraclub.org) July 29, 2025 at 4:58 PM
Justin Chen, president of American Federation of Government Employees Council 238, which represents over 8,000 EPA workers nationwide, said that the repeal plan "is reckless and will have far-reaching, disastrous consequences for the USA."
"EPA career professionals have worked for decades on the development of the science and policy of greenhouse gases to protect the American public," he continued, "and this policy decision completely disregards all of their work in service to the public."
The Union of Concerned Scientists (UCS) highlighted that Chris Wright, head of the Department of Energy, joined Zeldin at the Tuesday press conference and "announced a DOE 'climate science study' alongside remarks that were rife with climate denial talking points and disinformation."
UCS president Gretchen Goldman said that "it's abundantly clear what's going on here. The Trump administration refuses to acknowledge robust climate science and is using the kitchen sink approach: making every specious argument it can to avoid complying with the law."
"But getting around the Clean Air Act won't be easy," she added. "The science establishing climate harms to human health was unequivocally clear back in 2009, and more than 15 years later, the evidence has only accumulated."
Today, Zeldin’s EPA plans to release a proposal to revoke the Endangerment Finding, which is the legal & scientific foundation of EPA’s responsibility to limit climate-heating greenhouse gas pollution from major sources.
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— Moms Clean Air Force (@momscleanairforce.org) July 29, 2025 at 12:58 PM
David Bookbinder, director of law and policy at the Environmental Integrity Project, was a lead attorney in the 2007 U.S. Supreme Court case Massachusetts vs. EPA, which affirmed the agency's authority to regulate greenhouse gases under the Clean Air Act and ultimately led to the endangerment finding two years later.
Bookbinder said Tuesday that "because this approach has already been rejected by the courts—and doubtless will be again—this baseless effort to pretend that carbon dioxide and other greenhouse gasses that cause climate change are not harmful pollutants is nothing more than a transparent attempt to delay and derail our efforts to control greenhouse pollution at the worst possible time, when deadly floods and heat waves are killing more people every day."
In a statement from the Environmental Protection Network, which is made up of ex-EPA staff, Joseph Goffman, former assistant administrator of the agency's Office of Air and Radiation, also cited the 2007 ruling.
"This decision is both legally indefensible and morally bankrupt," Goffman said of the Tuesday proposal. "The Supreme Court made clear that EPA cannot ignore science or evade its responsibilities under the Clean Air Act. By walking away from the endangerment finding, EPA has not only broken with precedent; it has broken with reality."
Aru Shiney-Ajay, executive director of the youth-led Sunrise Movement, responded to the EPA proposal with defiance, declaring that "Donald Trump and his Big Oil donors are lighting the world on fire and fueling their private jets with young people's lives. We refuse to be sacrifices for their greed. We're coming for them, and we're not backing down."