Greens challenge EPA incinerator rule

By Alex Guillén | 05/12/2026 01:09 PM EDT

The final version issued under President Donald Trump was significantly less stringent than the initial Biden-era proposal.

This Jan. 25, 2022 photo shows a large trash incinerator in Rahway, N.J.

Incinerators such as this one in Rahway, New Jersey, should be subject to more stringent emissions standards, a new environmentalist lawsuit argues. Wayne Parry/AP

A coalition of environmental groups has sued EPA over a March update to rules for certain incinerators, arguing the new rule is not stringent enough.

The final regulation strengthened emissions limits for large incinerators, but not to the extent that the Biden administration initially proposed in 2024, signaling the Trump administration’s plans to more broadly ease regulatory requirements.

“These incinerators are burning garbage and releasing poisons that cause cancer and can harm children’s development,” Earthjustice attorney Jonathan Smith said in a statement. “Every day that the agency delays strong standards, families in places like Newark, South Baltimore, and across Florida pay the price with their health because corporations want to save some money instead of doing right for the surrounding communities.”

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The groups plan to argue that pollution controls available today could achieve greater reductions for large municipal incinerators, which burn at least 250 tons of trash per day. There are 57 facilities containing 152 units in the U.S.

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