Technology and Science20 March, 20263 min read
States Sue Trump Administration Over Endangerment Finding Rollback
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Lawsuit filed in DC Circuit challenging rollback of endangerment finding. The 2009 endangerment finding underpins U.S. greenhouse gas regulations.
Lawsuit Overview
A coalition of 23-24 states, along with numerous cities, counties, and territories, has filed a lawsuit challenging the Trump administration's decision to revoke the 2009 endangerment finding. The endangered finding, established during the Obama administration, determined that carbon dioxide and other greenhouse gases threaten public health and welfare. This finding formed the legal underpinning for nearly all climate regulations under the Clean Air Act for motor vehicles, power plants, and other pollution sources.
“A coalition of two dozen states along with the District of Columbia, the U.S. Virgin Islands and about a dozen more cities and counties filed a lawsuit Thursday to challenge the Environmental Protection Agency's recent rescission of a scientific finding that has been the central basis for U.S. action to regulate greenhouse gas emissions and fight climate change.”
This legal action represents the most significant challenge yet to the Trump administration's environmental deregulation agenda. The lawsuit was filed in the US Court of Appeals for the District of Columbia Circuit on Thursday.
Legal Challenge Leaders
The legal coalition is being spearheaded by several key states and officials who argue that the EPA's action violates scientific consensus and established legal precedent. California Attorney General Rob Bonta emphasized that the endangerment finding is "grounded in science, it's been upheld by the courts and it's been relied upon by administrations from both parties."
New York State Attorney General Letitia James condemned the move as the Trump administration choosing "denial, repealing the critical protections that are foundational to the federal government's response to climate change." Massachusetts Attorney General Andrea Joy Campbell stated that "when the federal government abandons the law and the science, everyday people suffer the consequences," highlighting the human impact of deregulating greenhouse gas emissions.
EPA Defense
The Environmental Protection Agency has defended its decision to rescind the endangerment finding, claiming it carefully reconsidered the legal foundation of the 2009 declaration.
“In a statement in response to the suit, an EPA spokesperson said, in part, that the agency had ‘carefully considered and reevaluated the legal foundation of the 2009 Endangerment Finding, the text of the CAA, and the Endangerment Finding's legality in light of subsequent legal developments and court decisions.’”
In a statement responding to the lawsuit, an EPA spokesperson asserted that "EPA is bound by the laws established by Congress, including under the CAA. Congress never intended to give EPA authority to impose GHG regulations for cars and trucks."
The agency characterized the endangerment finding repeal as part of a broader deregulatory agenda.
The White House described it as the "single largest deregulatory action in US history."
The EPA's position suggests a fundamental reinterpretation of the Clean Air Act's application to greenhouse gases.
Regulatory Impact
Legal experts and environmental advocates warn that the rescission of the endangerment finding could trigger a cascading effect that dismantles decades of climate regulations. Beyond eliminating greenhouse gas emissions standards for automobiles, the rollback threatens to undo climate regulations on stationary sources such as power plants, oil and gas facilities, and industrial operations. The lawsuit specifically aims to reinstate the endangerment finding and reverse the EPA's repeal of limits on planet-warming emissions from motor vehicles.
This represents a fundamental challenge to the scientific consensus on climate change. The 2009 finding was based on an overwhelming scientific consensus that greenhouse gases threaten human health and the environment.
Legal Precedent
The legal challenge builds on a significant Supreme Court precedent that established greenhouse gases as air pollutants under the Clean Air Act.
“The lawsuit alleges the EPA is ignoring its legal obligations under the Clean Air Act to regulate pollution that endangers public health and defies precedent established by the Supreme Court of the United States.”
The Supreme Court ruled in a landmark 2007 case, Massachusetts v. EPA, that carbon dioxide and other greenhouse gases qualify as air pollutants that can be regulated by the EPA.
Since that decision, courts have uniformly rejected legal challenges to the endangerment finding, including a 2023 decision by the D.C. appeals court.
The current lawsuit argues that the EPA is ignoring its legal obligations under the Clean Air Act to regulate pollution that endangers public health.
This legal battle represents a fundamental clash over the interpretation of environmental law and the role of science in regulatory decision-making.