BALTIMORE, MD – Attorney General Anthony G. Brown, as part of a coalition of 17 state attorneys general, Chicago, New York City and the California Air Resources Board, filed comments opposing the U.S. Environmental Protection Agency’s (EPA) proposal to repeal the 2024 Mercury and Air Toxics Standards (MATS) Rule and revert to outdated standards that would harm the environment and public health.
The MATS Rule implements nationwide standards that limit emissions of toxic air pollutants from coal- and oil-fired power plants, such as mercury and other toxic metals, acid gases such as hydrogen chloride, and formaldehyde. Given significant developments in the technologies used to control pollution, in 2024 the EPA updated standards for emissions of these hazardous air pollutants from power plants. The Trump administration is proposing to repeal those standards and revert to the standards as they existed in 2012.
The coalition explained that mercury and other hazardous air pollutants disproportionately harm people who live near coal- and oil-fired power plants. Mercury is a potent neurotoxin that poses serious dangers to public health, especially for pregnant women and children.
For example, a pregnant person’s consumption of mercury exposes their child to mercury and can cause lifelong developmental harms and neurological disorders such as seizures, vision and hearing loss, or delayed development. Exposure to mercury also increases the risk of cardiovascular disease, diabetes, and autoimmune dysfunction in adults.
Mercury emissions from power plants are also a major contributor to mercury contamination in U.S. waterways. Mercury pollution in lakes and rivers harms the local commercial and recreation fishing economies, as well as tribal nations and indigenous peoples who rely on fishing for subsistence.
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Attorney General Brown and the coalition also argue that the proposed repeal is unlawful because the EPA has failed to provide a reasoned basis for its proposed repeal and failed to adequately consider developments in practices, processes and control technologies in its proposal to revert to outdated standards. For these reasons, the attorneys general write that repealing the current standards would violate the Administrative Procedure Act.
In submitting the comments, Attorney General Brown joins the attorneys general of Illinois, Minnesota, Arizona, Connecticut, Delaware, the District of Columbia, Maine, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington, along with the City of Chicago, New York City, and the California Air Resources Board.
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