Jason S. Miyares
Attorney General of Virginia

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Commonwealth of Virginia
Office of the Attorney General

Mark Herring
Attorney General

202 North Ninth Street
Richmond, Virginia 23219


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Michael Kelly, Director of Communications
Phone: (804)786-5874 
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~ Joins Multistate Lawsuit Challenging EPA’s Illegal Finding That It is No Longer “Appropriate” to Regulate Toxic Air Pollution from Power Plants ~

RICHMOND —Attorney General Mark R. Herring has filed suit against the U.S. Environmental Protection Agency over its new rule that seeks to allow fossil fuel power plants to release more pollution—including mercury, other toxins, and fine particulate matter—into the air in the midst of a respiratory disease pandemic.


“In its latest giveaway to fossil fuel companies, the Trump Administration wants to allow more mercury, toxins, and pollution into the air,” said Attorney General Herring. “This would be a backwards approach at any time, but during the COVID pandemic it could be even more acutely dangerous, especially for children and individuals with respiratory challenges, including those recovering from COVID. We will not compromise the progress we’ve made to clean our air and water, and will do everything in our power to reverse this dangerous new rule.”


Attorney General Herring’s lawsuit challenges the EPA’s reversal of its determination — first made nearly 20 years ago — that it is “appropriate and necessary” under the Clean Air Act to regulate mercury and other toxic air pollution from coal- and oil-fired power plants. The new rule undermines the 2012 Mercury and Air Toxics Standards (MATS), a landmark rule that has substantially reduced emissions of mercury and other hazardous pollutants that harm human health and the environment, and that pose especially significant health risks to children and pregnant women.


Over the past two decades, EPA has found it necessary to regulate mercury and other toxic air pollution no less than three times, relying on a growing body of scientific evidence, because power plants are the country’s largest source of hazardous pollutants, and because other provisions of the Clean Air Act would not adequately reduce those emissions. The agency’s final rule seeks to undermine MATS even though power plants have been complying with the standards since 2015 and already have installed pollution-control technologies.


Mercury has especially adverse effects on the developing brains of fetuses and children. A child exposed to mercury consumed during pregnancy can suffer permanent neurological damage and a lifelong loss of IQ. Mercury exposure is also linked to an increased risk of diabetes, autoimmune dysfunction, and cardiovascular issues in adults. A 2016 study projected that the total benefits associated with reducing mercury under MATS through 2050 would amount to at least $43 billion.


The primary route through which humans are exposed to mercury is by consuming fish. Airborne mercury from power plants falls back to earth, where it is converted into methylmercury, a potent neurotoxin that accumulates in increasing quantities as it moves up the food chain, particularly in fish. Mercury emissions from power plants have been a major contributor to mercury contamination of U.S. waterways. As of 2011, that contamination was so widespread that fish consumption advisories were in place in all 50 states. Mercury pollution in lakes and rivers hurts local fishing economies and deprives residents across the country of the ability to enjoy recreational fishing and commercially harvested seafood. It also results in serious harms to wildlife.


In addition to effectively controlling mercury and other toxic metals — like arsenic and chromium —MATS has led to a dramatic reduction in the fine particulate matter emitted by power plants. Particulate matter is strongly linked to premature death, aggravated asthma, chronic bronchitis, and other cardiopulmonary illnesses that disproportionately affect many minority and low-income communities. In April, researchers at the Harvard T.H. Chan School of Public Health released a study linking long-term exposure to fine particulate matter with increased COVID-19 death rates.


In April 2019, a coalition of 26 states, counties, and cities in submitted comments to EPA opposing the agency’s then proposed rule to undermine MATS. The comments argued that the agency does not have the authority to reverse its previous finding and underscored that MATS is providing enormous health, environmental, and economic benefits to the residents of the states and local governments — and at a fraction of the predicted cost.


Attorney General Herring is joined in filing this suit by the attorneys general of California, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, as well as the cities of Baltimore, Chicago and New York, and Erie County. The suit has been filed in the U.S. Court of Appeals for the District of Columbia Circuit.