The legal battle over EPA finding is underway
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Environmental and health groups filed suit Tuesday against EPA over the "endangerment finding" repeal and withdrawal of any CO2 standards for vehicles.
Why it matters: The litigation — which analysts expect to reach the Supreme Court — will help decide how much future presidents can crack down on emissions.
- The finding underpins EPA's greenhouse gas regulations.
Driving the news: Over a dozen groups are litigating last week's rule in the U.S. Court of Appeals for the D.C. Circuit.
- They include the American Public Health Association, the Center for Community Action and Environmental Justice, the Union of Concerned Scientists, and the Sierra Club.
State of play: The announcement offers broad outlines of the groups' legal positions, even though detailed filings come later.
- It notes the 2007 SCOTUS finding in Massachusetts v. EPA that CO2 and other GHGs "unambiguously are 'air pollutants' under the Clean Air Act and told EPA to determine, based on the science, if that pollution endangers human health and welfare."
- EPA's rule is "rehashing legal arguments that the Supreme Court already considered and rejected" in 2007.
The other side: EPA offered several legal rationales, like arguing the Clean Air Act addresses pollution with direct local and regional effects.
- It cited 2022 and 2024 SCOTUS rulings that limit agencies' powers in the absence of clear congressional blessing.
What we're watching: Blue state attorneys general are also readying lawsuits.
