States and Local Governments Challenge EPA Over Greenhouse Gas Regulation Rollback
WASHINGTON (AP) — In a significant legal move, 24 states, along with numerous cities and counties, have filed a lawsuit against the Environmental Protection Agency (EPA). This legal action targets the Trump administration’s decision to overturn a key scientific determination that has been central to U.S. efforts in regulating greenhouse gas emissions and addressing climate change.
Last month, the EPA finalized a rule that revokes the 2009 endangerment finding. This finding had previously identified carbon dioxide and other greenhouse gases as threats to public health and welfare. It served as the legal foundation for most climate regulations under the Clean Air Act, affecting emissions from vehicles, power plants, and other pollution sources.
The repeal effectively nullifies greenhouse gas emissions standards for motor vehicles and could pave the way for a broader rollback of climate regulations concerning stationary sources such as power plants and oil and gas facilities.
This legal challenge, lodged in the U.S. Court of Appeals for the District of Columbia Circuit, is the second significant opposition to the repeal, following a previous lawsuit by public health and environmental groups.
The lawsuit argues that the EPA’s action in rescinding the endangerment finding forsakes its duty to protect the American public. New York Attorney General Letitia James, leading the suit with the attorneys general of Massachusetts, California, and Connecticut, stated, “Instead of helping Americans face our new reality, the Trump administration has chosen denial, repealing critical protections that are foundational to the federal government’s response to climate change.”
In total, the lawsuit includes 24 states, 10 cities, and five counties, all under Democratic leadership. Massachusetts Attorney General Joy Campbell commented, “Climate change is real, and it’s already affecting our residents and our economy. When the federal government abandons the law and the science, everyday people suffer the consequences.” She emphasized Massachusetts’ longstanding commitment to combating greenhouse gas emissions and its leadership in this legal challenge.
The U.S. Supreme Court had previously ruled in 2007 that carbon dioxide and other greenhouse gases are “air pollutants” under the Clean Air Act, in the landmark Massachusetts v. EPA case. Since then, courts have consistently upheld the endangerment finding, including a 2023 decision by the D.C. appeals court.
EPA spokeswoman Brigit Hirsch commented on the lawsuit, asserting that it is “not about the law or the merits of any argument,” but rather politically motivated. Hirsch mentioned that the EPA “carefully considered and reevaluated the legal foundation” of the 2009 finding, especially in light of a 2022 Supreme Court ruling that constrained the application of the clean air law to mitigate carbon dioxide emissions from power plants.
Besides New York, Massachusetts, California, and Connecticut, other states involved in the lawsuit include Arizona, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Nevada, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin, along with the District of Columbia and U.S. Virgin Islands.
The Pennsylvania Department of Environmental Protection has also joined, alongside cities such as Albuquerque, Boston, Chicago, Cleveland, Columbus, Denver, Los Angeles, New York, and San Francisco, and counties in California, Colorado, Texas, and Washington state. The case is anticipated to reach the Supreme Court, which has shifted more conservatively since the 2007 ruling.
