Public Health and Environmental Groups Sue to Block Repeal of Endangerment Finding

A coalition of environmental and public health groups last week sued the Environmental Protection Agency (EPA) for rescinding its 2009 scientific finding that emissions of carbon dioxide and other greenhouse gases are driving climate change and endangering human health. 

Importance of Endangerment Finding

This Obama-era finding serves as a keystone legal authority for nearly all climate change regulations under the Clean Air Act for motor vehicles, power plants and other pollution sources that are heating the planet. The EPA’s repeal knocks out all greenhouse gas emissions standards for cars and trucks and could unleash a broader undoing of climate regulations on stationary sources such as power plants and oil and gas facilities. 

The Case for Climate Protections

The case was filed in the DC Circuit Court of Appeals. According to the Natural Resources Defense Council (NRDC), one of the plaintiffs, “The finding supported commonsense safeguards to cut that pollution, including from cars and trucks. In addition, the agency eliminated the clean vehicle standards, which were set to deliver the single biggest cut to U.S. carbon pollution in history, save lives, and save Americans hard-earned money on gas.” 

“This is not a mere rollback,” said Brian Lynk, Senior Attorney, Environmental Law & Policy Center. “The EPA is attempting to completely disavow its statutory authority to regulate greenhouse gases from motor vehicles. After two decades of scientific evidence supporting the 2009 finding, the agency cannot credibly claim that the body of work is now incorrect. This reckless and legally untenable decision creates immediate uncertainty for businesses, guarantees prolonged legal battles, and undermines the stability of federal climate regulations. The EPA cannot be permitted to abandon its responsibility to protect public health and welfare.”

“The Trump EPA’s slapdash legal arguments should be laughed out of court. Undercutting the ability of the federal government to tackle the largest source of climate pollution is deadly serious, but the administration’s legal and scientific reasons for doing so are a joke,” said Meredith Hankins, legal director for federal climate at NRDC.   

Plaintiffs on the Case

Public health and environmental groups brought the case forward. The named plaintiff groups include:

• The American Public Health Association, American Lung Association, Alliance of Nurses for a Healthy Environment, Clean Wisconsin, represented by Clean Air Task Force;
• Center for Community Action and Environmental Justice (CCAEJ), Clean Air Council, Friends of the Earth, Physicians for Social Responsibility, Rio Grande International Study Center (RGISC), and the Union of Concerned Scientists represented by Earthjustice;
• Center for Biological Diversity, Conservation Law Foundation, Environmental Defense Fund, Environmental Law & Policy Center, NRDC (Natural Resources Defense Council), Public Citizen, and the Sierra Club. 

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