Wisconsin AG Sues EPA Over Weakened Power Plant Pollution Rules

Lawsuit challenges rollback of limits on mercury, particulate matter, and other toxic emissions from coal-fired plants.

Apr. 1, 2026 at 5:12pm

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A vibrant, abstract painting depicting the fractured, overlapping forms of a coal power plant smokestack emitting colored plumes, conveying a sense of environmental disruption and the legal conflict over regulating toxic emissions.A legal battle erupts over the EPA's controversial rollback of air pollution limits for coal-fired power plants.Louisville Today

Wisconsin Attorney General Josh Kaul has filed a lawsuit against the U.S. Environmental Protection Agency (EPA) over the agency's decision to roll back regulations on toxic air pollution from coal-fired power plants. The lawsuit challenges the EPA's move to weaken limits on mercury, particulate matter, and other harmful emissions from facilities like the Mill Creek power plant in Louisville, Kentucky.

Why it matters

The EPA's regulatory rollback is seen as a major setback in efforts to curb air pollution and protect public health, especially in communities near coal plants. Kaul and other state AGs argue the changes undermine clean air laws and threaten the health of residents living downwind of power plant emissions.

The details

In announcing the regulatory rollback, EPA Deputy Administrator David Fotouhi claimed the previous anti-coal regulations sought to "regulate out of existence this vital sector of our energy economy." However, Kaul and environmental groups contend the changes will lead to increased levels of mercury, particulate matter, and other pollutants that can cause serious respiratory issues and neurological damage, especially in vulnerable populations.

  • On April 1, 2026, the EPA announced the rollback of air pollution limits for coal-fired power plants.
  • Shortly after, Wisconsin Attorney General Josh Kaul filed a lawsuit challenging the EPA's decision.

The players

Josh Kaul

The Attorney General of Wisconsin who is leading the lawsuit against the EPA over the weakened power plant pollution rules.

David Fotouhi

The Deputy Administrator of the U.S. Environmental Protection Agency who announced the regulatory rollback on toxic emissions from coal plants.

U.S. Environmental Protection Agency (EPA)

The federal agency responsible for setting and enforcing air pollution regulations, which has now moved to weaken rules on coal plant emissions.

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What they’re saying

“anti-coal regulations sought to regulate out of existence this vital sector of our energy economy.”

— David Fotouhi, EPA Deputy Administrator

What’s next

The lawsuit filed by Wisconsin Attorney General Josh Kaul will now proceed through the court system, with a judge set to rule on the EPA's regulatory changes in the coming months.

The takeaway

This legal battle over power plant pollution rules highlights the ongoing tensions between environmental protection and the fossil fuel industry. The outcome could have significant implications for air quality, public health, and the future of coal-fired electricity generation.