Leading Health Organizations Sue EPA Over Action to Allow Power Plants to Release More Mercury and Other Toxic Pollutants

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:

American Lung Association:  
“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. 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,” said American Lung Association President and CEO Harold Wimmer.

American Academy of Pediatrics:
“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.  

American Public Health Association:  
“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:
“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 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.”

Southern Environmental Law Center:
“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.” 

Media contacts:

• American Lung Association: [email protected]
• American Academy of Pediatrics: [email protected] 
• American Public Health Association:[email protected] 
• Southern Environmental Law Center, [email protected]
• Physicians for Social Responsibility: [email protected] 
• About the American Lung Association

The American Lung Association is the leading organization working to save lives by improving lung health and preventing lung disease through education, advocacy and research. The work of the American Lung Association is focused on four strategic imperatives: to defeat lung cancer; to champion clean air for all; to improve the quality of life for those with lung disease and their families; and to create a tobacco-free future. For more information about the American Lung Association, which has a 4-star rating from Charity Navigator and is a Platinum-Level GuideStar Member, call 1-800-LUNGUSA (1-800-586-4872) or visit: Lung.org. To support the work of the American Lung Association, find a local event at Lung.org/events.

About the American Academy of Pediatrics
The American Academy of Pediatrics is an organization of 67,000 primary care pediatricians, pediatric medical subspecialists and pediatric surgical specialists dedicated to the health, safety and well-being of infants, children, adolescents and young adults. Learn more at www.aap.org. 

About the American Public Health Association
The American Public Health Association champions optimal, equitable health and well-being for all. With our broad-based member community and 150-year perspective, we influence federal policy to improve the public’s health. Learn more at www.apha.org. 

About Physicians for Social Responsibility
Guided by the values and expertise of medicine and public health, Physicians for Social Responsibility (PSR) works to protect human life from the gravest threats to health and survival. Our national organization and local chapters across the country mobilize health professionals and public health advocates to advance environmental justice, climate solutions, and a nuclear weapons-free world. To learn more, get involved, and support PSR, visit PSR.org.

About the Southern Environmental Law Center
The Southern Environmental Law Center is one of the nation’s most powerful defenders of the environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in our communities to protect our region’s air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 250, including more than 160 legal and policy experts, and is headquartered in Charlottesville, Va., with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, D.C. southernenvironment.org.