Trump admin seeks pause on power plant, smog rule cases

By Niina H. Farah, Sean Reilly | 02/06/2025 04:27 PM EST

Justice Department attorneys say a 60-day freeze would allow new appointees time to review the issues in the cases.

The Marshall Steam Station coal power plant operates near Mooresville, North Carolina.

Emissions rise from the Marshall Steam Station coal power plant March 3, 2024, near Mooresville, North Carolina. The Trump administration is pushing to pause litigation over two key air pollution rules. Chris Carlson/AP

The Trump administration is asking a federal appeals court to hit pause on two sprawling legal fights over Biden-era EPA rules to control smog and rein in planet-warming emissions from the power sector.

The Justice Department filed a request Wednesday evening for a 60-day stay in litigation over the agency’s 2024 rule to limit emissions from new gas-fired and existing coal-fired power plants.

The new leadership at EPA is still in the process of reviewing the issues presented in the case, DOJ attorneys told the U.S. Court of Appeals for the District of Columbia Circuit.

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“To provide new leadership with sufficient time to familiarize themselves with these issues and determine how they wish to proceed, the government respectfully requests that the Court withhold issuing an opinion and place this case in a brief abeyance,” they wrote in the unopposed request to the court.

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