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Trump EPA launches rulemaking to permanently scrap Biden-era power plant emissions mandates

Ben Marquis,
 September 14, 2026

The Environmental Protection Agency under President Trump has begun formal rulemaking to permanently repeal the Biden administration's greenhouse gas emissions rules for power plants, a move that would dismantle one of the prior administration's most sweeping environmental regulations and reshape the federal government's approach to energy policy for years to come.

The EPA published two proposed rules targeting the Biden-era Clean Power Plan 2.0, which imposed strict carbon dioxide emissions limits on coal and natural gas plants across the country. The proposals, first reported by the Washington Free Beacon, would not simply pause the regulations but eliminate them from the books entirely through the Administrative Procedure Act's notice-and-comment process.

What the Biden rules required

The Biden EPA finalized its power plant emissions rules in 2024. They required existing coal-fired plants and new natural gas plants to slash carbon dioxide output dramatically, in many cases by adopting carbon capture and storage technology that industry groups said was neither commercially proven at scale nor economically viable.

The rules effectively set a timeline that would have forced many coal plants to either retrofit with expensive carbon capture systems or shut down. New baseload natural gas plants faced similar mandates. Environmental groups hailed the regulations as the most aggressive federal action ever taken to cut power sector emissions. Industry and Republican-led states challenged them immediately in court.

The Supreme Court had already stayed portions of the Biden rules before Trump took office, blocking their enforcement while legal challenges proceeded. The Trump EPA's new rulemaking goes further: rather than relying on judicial outcomes, the agency is using its own regulatory authority to propose a permanent repeal.

Two proposed rules, one target

The EPA split its action into two separate proposals. The first targets the emissions guidelines for existing coal plants. The second addresses standards for new and reconstructed natural gas-fired power plants. Both proposals argue that the Biden EPA exceeded its statutory authority under the Clean Air Act and that the underlying rules relied on flawed legal and technical reasoning.

EPA Administrator Lee Zeldin framed the action as both a legal correction and an economic necessity. Zeldin stated that the Biden-era mandates would have driven up electricity costs and threatened grid reliability at a time when demand for power is surging due to data centers, artificial intelligence, and domestic manufacturing.

"President Trump and I are committed to unleashing American energy dominance while protecting the environment. These proposed actions will help ensure reliable, affordable energy for all Americans."

The proposals will now enter a public comment period before the EPA can finalize them. That process typically takes months. Once finalized through notice-and-comment rulemaking, the repeal would carry stronger legal footing than an executive order alone, which can be reversed by a future administration without the same procedural requirements.

Why the rulemaking path matters

The Trump administration's decision to pursue formal rulemaking rather than rely solely on executive action reflects lessons from the first Trump term. Executive orders and agency guidance can be undone quickly when power changes hands. A regulation finalized through the Administrative Procedure Act requires a future administration to go through the same lengthy rulemaking process to reinstate it, including public notice, comment periods, and responses to objections.

That procedural durability is the point. By completing a full repeal rulemaking, the Trump EPA aims to lock in the policy change in a way that would survive at least the early years of any future Democratic administration. A new president could begin a new rulemaking to reimpose similar rules, but the timeline for that process, including inevitable legal challenges, could stretch well beyond a single presidential term.

The approach also insulates the repeal from some legal vulnerabilities. Courts have been skeptical of agencies that reverse major regulations without adequate explanation. A thorough rulemaking record, complete with technical justifications and responses to public comments, gives the EPA a stronger defense if environmental groups sue to block the repeal.

Industry and grid reliability concerns

Power industry groups had warned that the Biden rules threatened to accelerate coal plant closures at a pace that grid operators could not safely manage. The North American Electric Reliability Corporation, the nonprofit entity responsible for grid reliability standards, had flagged risks associated with losing dispatchable generation capacity faster than replacement sources could come online.

Coal still provides roughly 16 percent of U.S. electricity generation, down from higher levels a decade ago but still a meaningful share of the baseload power that keeps the grid stable during peak demand and extreme weather events. Natural gas accounts for approximately 43 percent. Together, fossil fuel plants supply the bulk of the nation's firm, dispatchable power, the kind that runs regardless of weather conditions, unlike wind and solar.

Supporters of the repeal argue that the Biden rules would have compounded existing reliability problems. Several regions of the country have experienced tight grid conditions in recent years during heat waves and winter storms. Forcing additional plant retirements or expensive retrofits, they contend, would raise costs for consumers and increase the risk of blackouts.

Environmental groups prepare to fight

Environmental organizations condemned the proposals. The Sierra Club called the move an attack on public health and said the EPA was abandoning its legal obligation to regulate carbon pollution from power plants. Earthjustice, the environmental law nonprofit, signaled it would challenge the repeal in court.

Their core legal argument is straightforward: the Supreme Court ruled in Massachusetts v. EPA (2007) that carbon dioxide qualifies as a pollutant under the Clean Air Act and that the EPA has an obligation to regulate it if it endangers public health and welfare. The agency issued an endangerment finding for greenhouse gases in 2009. Environmental lawyers argue that repealing the power plant rules without replacing them with some form of carbon regulation violates that legal obligation.

The Trump EPA has not indicated whether it plans to issue any replacement regulation for power plant carbon emissions. The proposals focus exclusively on repeal. That gap could become a central issue in litigation, as courts may ask whether the agency can simply walk away from regulating a pollutant it has formally found to be dangerous.

The Supreme Court's shadow

The legal landscape has shifted since the Biden rules were written. In West Virginia v. EPA (2022), the Supreme Court struck down the Obama-era Clean Power Plan using the major questions doctrine, holding that the EPA could not use a rarely invoked provision of the Clean Air Act to restructure the nation's energy mix without clear congressional authorization.

The Biden EPA tried to design its 2024 rules to survive that precedent by grounding them in a different section of the statute and focusing on technology-based standards rather than system-wide generation shifting. Whether that legal strategy would have held up remains untested. The Supreme Court's stay of the rules suggested at least some justices had doubts.

The Trump EPA's repeal proposals cite West Virginia v. EPA as part of their legal justification, arguing that the Biden rules still effectively mandated a transformation of the power sector that Congress never authorized. If the repeal is finalized and challenged, courts will need to weigh whether the Biden rules truly stayed within the EPA's traditional authority or crossed the line the Supreme Court drew.

Political stakes heading into 2026

The timing carries political weight. Energy costs rank consistently among top voter concerns, and Republicans have made affordable electricity a central policy promise. Repealing regulations that industry warned would raise power bills gives the administration a tangible deliverable heading into the 2026 midterm cycle.

For Democrats, the repeal offers a rallying point on climate. The Biden power plant rules were the centerpiece of that administration's climate agenda after the Inflation Reduction Act's spending provisions. Losing them entirely would represent the most significant rollback of federal climate policy in years.

The public comment period will draw intense participation from both sides. Utilities, grid operators, coal and gas producers, environmental groups, state attorneys general, and public health organizations are all expected to weigh in. The volume and substance of those comments will shape the final rule and the legal record that courts will eventually review.

What comes next

The EPA must now collect and respond to public comments before issuing final rules. That process will likely extend into late 2025 or early 2026. Legal challenges from environmental groups are virtually certain once the repeal is finalized. Those cases could reach the D.C. Circuit Court of Appeals and potentially the Supreme Court again.

Investigators and legal analysts will need to determine whether the EPA's repeal rationale can withstand judicial review, particularly on the question of whether the agency can repeal carbon regulations without proposing an alternative. The endangerment finding for greenhouse gases remains on the books. The Trump EPA has not moved to revoke it.

That unresolved tension between the existing endangerment finding and the absence of any replacement regulation may define the next chapter of this legal fight.

The federal government's authority over the air Americans breathe has always been a matter of law, not mood. Whether this EPA can permanently dismantle its predecessor's climate framework will depend not on press releases but on whether the legal reasoning holds up when a judge reads the record.

About Ben Marquis

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