Litigating against the illegal repeal of Mercury and Air Toxics Standards

WASHINGTON — Today the American Lung Association, the American Academy of Pediatrics, the American Public Health Association, and Physicians for Social Responsibility, represented by the Southern Environmental Law Center, filed a lawsuit in the U.S. Court of Appeals for the District of Columbia challenging the U.S. Environmental Protection Agency’s (EPA) final action repealing updated limits on mercury and air toxics from power plants finalized in 2024. 

In response, the organizations issued the following statements:

“The American Lung Association is taking this action because of EPA’s choice to allow more toxic pollution to impact the health and well-being of children throughout the United States,” said American Lung Association President and CEO Harold Wimmer. “This will expose more communities to mercury and other toxic pollutants, leading to brain development impacts, asthma attacks, cancers and premature deaths. Our mission is to save lives, and we are taking this action because EPA has retreated from their mission and is putting Americans at risk.” 

“Children are disproportionately impacted by toxic air pollution due to their vulnerable physiology, normal childhood behavior that increases their exposures, and the fact that their lungs are still developing. For these reasons, the American Academy of Pediatrics has long supported standards that work to ensure cleaner air and protect child health. Without the 2024 Mercury and Air Toxics Standards in place, harms to children’s brain development will increase and risks of respiratory conditions like asthma will become worse. We urge the court to reinstate these standards and overturn the Environmental Protection Agency’s 2026 final rule rescinding them,” said Andrew D. Racine, MD, PhD, FAAP, President of the American Academy of Pediatrics.  

“The American Public Health Association is pleased to join with our health partners in challenging EPA’s ill-conceived decision to roll back the life-saving Mercury and Air Toxics Standards. These standards have already reduced toxic mercury emissions by 90% from the power sector, protecting the health of children across the country. Maintaining the updated 2024 standards is essential to building on the proven successful track record of the MATS, which have slashed emissions of toxic air pollutants, including mercury, particulate matter, arsenic and lead, and have saved thousands of lives each year,” said APHA CEO Georges C. Benjamin, MD. “Millions are breathing cleaner air because of these standards, and we are joining this effort to ensure these critical public health protections remain intact.”

“Physicians for Social Responsibility proudly joins our health partners in this lawsuit to protect Mercury and Air Toxics Standards, which ensure life-saving protections for all Americans. Mercury is a potent neurotoxin, especially for developing fetuses and children that can suffer lifelong impairments from exposure. The Trump Administration’s attempt at rolling back these updated protections is one example in a long list of giveaways to corporate interests at the expense of health,” said Physicians for Social Responsibility Executive Director, Brian Campbell, PhD. “These potentially deadly emissions are entirely preventable and it is EPA’s duty to put the health of the American people and our shared environment first. We look forward to our day in court.”

“Federal safeguards that have significantly lowered levels of mercury, arsenic, lead and other toxic air pollutants have proven to be a success story for public health and the environment,” said Deborah Murray, Senior Attorney for the Southern Environmental Law Center. “Efforts by the Trump administration’s EPA to undermine this progress to promote industry-friendly policies comes at a huge cost for communities who depend on clean air.”