New Jersey attorney general joins lawsuit challenging EPA rollback of mercury emissions limits

Multistate coalition sues U.S. Environmental Protection Agency over Trump administration’s repeal of toxic power plant pollution standards

New Jersey Attorney General Jennifer Davenport on Wednesday joined a coalition of 21 states and local governments in suing the U.S. Environmental Protection Agency over the Trump administration’s decision to repeal federal limits on mercury and other toxic emissions from power plants.

The lawsuit challenges the EPA’s rollback of standards governing the release of mercury and other hazardous pollutants, including arsenic, lead and formaldehyde. The coalition argues the repeal unlawfully allows more dangerous emissions into the air and water, increasing risks to public health.

“Every time you look, the Trump Administration is taking us backwards, and this time, the issue is about the amount of mercury and other toxics we allow into the air and our water,” Davenport said in a statement. “Ideological whims should never be allowed to overrule protecting the health of our children.”

Mercury is a potent neurotoxin that poses serious health risks, particularly for pregnant women and children. According to the attorney general’s office, prenatal exposure can lead to lifelong developmental and neurological harm, including seizures, delayed development, and vision or hearing loss. In adults, exposure is also linked to increased risks of cardiovascular disease, diabetes and autoimmune dysfunction.

The state also said mercury pollution in lakes and rivers can harm commercial and recreational fishing economies.

A 2001 study found that about 13% of pregnant women in New Jersey had unsafe mercury levels in their systems, according to the release. State officials said New Jersey was among the first states to regulate mercury in waterways and power plant emissions because of those risks.

The lawsuit argues the EPA failed to provide a legally sufficient rationale for repealing the standards and did not adequately consider advances in pollution-control technology and industrial practices.

The coalition is asking the court to overturn the repeal and restore the emissions standards.

In addition to New Jersey, the coalition includes attorneys general from 16 states and the District of Columbia, along with New York City, Chicago and Harris County, Texas.