Updated air emissions rule for incinerators faces lawsuit

By Sean Reilly | 09/03/2025 04:19 PM EDT

Environmental groups are challenging carve-outs in a newly revised standards for trash-burning operations.

Incinerator emissions

Emissions rise from a smokestack. A new lawsuit involves updated EPA regulations for air emissions from trash-burning operations. Ritzau Scanpix/AFP via Getty Images

Two environmental groups are contesting recently revised EPA air regulations on trash-burning operations used by prisons, nursing homes and other facilities.

The lawsuit, filed late last week by the Sierra Club and California Communities Against Toxics, challenges the standards issued in June after years of delay for what are technically labeled “other solid waste incinerators.”

The suit was brought before the U.S. Court of Appeals for the District of Columbia Circuit. Typically for litigation at this stage, the filing does not spell out the grounds.

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But Earthjustice, which is representing the two groups, had previously raised concerns with a draft version of the rule, according to comments submitted in 2020.

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