Ten attorneys general, including Oregon’s Ellen Rosenblum, have sued the U.S. Environmental Protection Agency, saying the federal agency has failed to update its standards for residential wood-burning stove emissions, leading to continued pollution and health risks.

The complaint, filed in late September, alleges both that the federal agency’s current standards aren’t good enough and that the agency’s wood-stove testing and certification program fails to ensure that new wood-burning stoves comply with the emission limits.

The lawsuit seeks to have the federal agency institute and enforce new standards for residential wood heaters to decrease emissions.

The use of wood stoves for home heating was widely popular during the Industrial Revolution in the 18th and 19th centuries, but the U.S. Energy Information Administration estimates that 12.5 million homes in the U.S. continue to use wood stoves — as well as other wood-burning devices such as fireplaces — for home heating, because they’re affordable, create constant warmth and look cozy.

A February report from the EPA’s Office of Inspector General described the federal residential wood-stove standards as “ineffective” and said the program “puts human health and the environment at risk for exposure to dangerous fine-particulate-matter pollution by allowing sales of wood heaters that may not meet emission standards.”

That report said the federal agency had distributed about $82 million in grants for residential wood-stove exchanges between 2015 and 2021. But the lack of both updated emissions standards and proper testing means that these grants — and the state and local programs that encourage people to exchange old, dirty stoves for newer wood heaters — are essentially useless because the newer models do not meaningfully reduce emissions or improve air quality, according to the complaint.

Oregon law requires the removal and destruction of uncertified wood stoves and fireplace inserts when a home is sold. If a stove or insert is certified by the EPA to meet wood-smoke emission standards, it can remain in the home — but that certification may mean little, given the allegations in the lawsuit.

Several counties in Oregon, including Multnomah and Washington, have wood-stove exchange programs. In Multnomah County, residents receive financial incentives to exchange wood-burning devices for electric heat pumps, which aren’t harmful to human health.

Wood smoke contains fine particulate matter, carbon monoxide and other toxic chemicals. Multiple studies have confirmed that exposure to fine particulate matter from smoke can increase the risk of cancer, dementia and childhood lung problems.

While the EPA has acknowledged its failings in a response to the Office of Inspector General report, the agency said it won’t start updating its testing methods until next year and does not plan to finalize new stove performance standards until 2027.