Why EPA may need a new strategy to repeal power plant pollution limits

By Jean Chemnick | 03/30/2026 06:38 AM EDT

The agency is expected to soon finalize the repeal, which was proposed before the Trump administration’s elimination of the 2009 endangerment finding.

Carbon dioxide and other pollutant billow from a stack at PacifiCorp’s coal-fired Naughton Power Plant on Jan. 13, 2022, in Kemmerer, Wyoming.

Carbon dioxide and other emissions billow from a stack at PacifiCorp’s coal-fired Naughton Power Plant on Jan. 13, 2022, in Kemmerer, Wyoming. Natalie Behring/AP

When EPA releases its final repeal of Biden-era limits on power plant carbon emissions, it might leave half of last June’s proposal on the cutting-room floor.

The agency is expected to soon send the repeal to the White House for final review, according to three industry attorneys granted anonymity to discuss information shared with them. One attorney said it could be submitted as soon as this week.

But it may not include everything the agency proposed last June.

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That’s because EPA has since repealed the so-called endangerment finding, which was not reflected in the power plant repeal draft. And if EPA finalizes the same legal justification it led with in that power plant proposal, some experts say that could create contradictions as the Trump administration tries to defend the endangerment repeal in court.

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