Attorney General Ellison co-leads coalition challenging rollback of limits on dangerous emissions of mercury and other hazardous air pollutants from power plants
March31, 2026 (SAINT PAUL) — Today, Attorney General Ellison co-led a coalition of 21 states and local governments in filing a lawsuit challenging the Trump administration’s repeal of the 2024 Mercury and Air Toxics Standards (MATS) Rule and reversion to outdated standards that harm the environment and public health.
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.
And that is not just academic—mercury contamination is especially acute here in Minnesota. While mercury and other hazardous air pollutants disproportionately harm people who live near coal- and oil-fired power plants, those emissions can also travel great distances and be deposited into other states. Here in Minnesota, nearly 1700 state waters are considered mercury-impacted—from the Red River valley to Lake Superior to several segments of the Mississippi River. Minnesota’s state agencies are working diligently to reduce in-state emissions as required under state law. But most of the mercury that gets deposited into our waters comes from out-of-state sources.
“Minnesotans depend on—and love—fishing,” said Attorney General Ellison. “It’s a huge part of our long history, cultural identity, and economy. But no one should have to worry about whether they’re being poisoned when enjoying their walleye.”
The 2024 MATS Rule implements nationwide standards that limit emissions of toxic air pollutants from coal- and oil-fired power plants, including mercury, arsenic, lead and other toxic metals, in addition to acid gases, such as hydrogen chloride and formaldehyde. Specifically, in 2024, following significant developments in the technologies used to control pollution, the Environmental Protection Agency (EPA) updated the standards for emissions of these hazardous air pollutants from power plants.
Importantly, the 2024 MATS Rule closed a loophole that applied to a small number of lignite coal-burning power plants. It required them to come up to the same emissions standards that the rest of the coal plants in the country already meet and that have been in place since 2012. These relatively few lignite-burning facilities are concentrated in North Dakota, our neighbor just upwind of us. That is why Attorney General Ellison welcomed the 2024 MATS Rule, which brought North Dakota lignite plants in line with nationwide standards.
But Last month, the Trump administration rolled back the 2024 MATS Rule. EPA’s action allows for more of these dangerous emissions to be released into the air, which will harm Minnesotans. And it did so using faulty reasoning and incomplete information. For these reasons, Attorney General Ellison and the coalition bring this case.
The states argue that the repeal is unlawful. The case will highlight how EPA has failed to provide a reasoned basis for the rollback, and failed to adequately consider developments in practices, processes and control technologies in its attempt to revert to outdated standards and continue giving lignite plants a free pass. The attorneys general are asking the court to determine that the rule is unlawful and must be reversed.
Minnesota Attorney General Keith Ellison and Illinois Attorney General Kwame Raoul led the coalition. Joining Raoul and Ellison in filing the legal challenge are the attorneys general of Arizona, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, along with the city of Chicago, the city of New York, and Harris County, Texas.
