California Attorney General Rob Bonta is spearheading a lawsuit with 22 other states, Washington D.C., and major cities to block the EPA’s rescission of the 2009 Endangerment Finding, a cornerstone of U.S. climate policy that recognized greenhouse gases as a public health threat and enabled federal emissions regulations.
In a decisive legal action, California Attorney General Rob Bonta has filed a petition for review with the U.S. Court of Appeals for the Washington, D.C. circuit, challenging the Environmental Protection Agency’s revocation of the 2009 Endangerment Finding. This finding, established under the Clean Air Act, formally recognized that greenhouse gases endanger public health and welfare, providing the legal foundation for regulating emissions from vehicles, power plants, and industrial sources.
The lawsuit, co-led by attorneys general from Massachusetts, New York, and Connecticut, includes 23 states plus the District of Columbia. It is also joined by Pennsylvania Governor Josh Shapiro and cities including Los Angeles, New York City, and San Francisco. This coalition argues that the EPA’s action is not only scientifically baseless but also a catastrophic rollback of essential environmental safeguards.
Historical Context and Legal Significance
The Endangerment Finding emerged from the Supreme Court’s 2007 decision in Massachusetts v. EPA, which mandated that the agency determine whether greenhouse gases posed a threat. The EPA’s subsequent finding was upheld by the D.C. Circuit Court in 2012 and has underpinned federal climate regulations for over a decade. By rescinding it, the Trump administration asserts that the Clean Air Act does not grant the EPA authority to regulate greenhouse gases for global climate purposes, citing recent Supreme Court rulings like Loper Bright Enterprises v. Raimondo and West Virginia v. EPA that limit agency overreach.
California’s Stance: Science and Common Sense
At a press conference flanked by Governor Gavin Newsom, Bonta declared the lawsuit the 63rd filed by California against the Trump administration in 63 weeks. “It’s grounded in science, it’s been upheld by the courts, and some would just refer to it as common sense,” Bonta stated, emphasizing that the EPA’s move erodes proven protections. He highlighted that vehicles are the largest source of U.S. greenhouse gas emissions, and without the Endangerment Finding, critical standards for fuel efficiency and emissions could vanish. California Air Resources Board Chair Lauren Sanchez echoed this, warning, “California is not going to sit back and watch while the federal government dismantles critical public health protections.”
Governor Newsom drew direct links to current climate disasters, noting that the past decade was the hottest on record. He cited an ongoing heat wave in the Southwest bringing triple-digit temperatures, and pointed to communities like Paradise, Grizzly Flats, and Greenville, California, devastated by wildfires exacerbated by climate change. “There’s no Republican thermometers; there’s no Democratic thermometers,” Newsom argued. “If you don’t believe in science, you’ve got to believe your own eyes.”
EPA’s Defense and Legal Argument
The EPA counters that the lawsuit is politically motivated, noting that plaintiffs rushed to the press before filing. The agency claims it conducted a “robust analysis” following the Clean Air Act’s text and recent Supreme Court decisions. EPA officials assert that Section 202(a) of the Act does not authorize greenhouse gas regulations for climate change, stating, “Congress never intended to give EPA authority to impose GHG regulations for cars and trucks.” This legal stance aligns with conservative interpretations that agencies must have clear congressional authorization for major regulations.
Broader Implications and Political Divide
This clash underscores the deepening partisan rift over climate policy. President Trump has repeatedly called climate change a “hoax” and framed environmental rules as economic burdens. In contrast, the coalition of Democratic-led states and cities views the EPA’s reversal as an existential threat to public health and environmental stability. The lawsuit could redefine the scope of federal regulatory power for years, potentially crippling the nation’s ability to meet emissions targets under international agreements like the Paris Accord.
What Comes Next? Supreme Court Likely
Legal experts predict the case will ascend to the U.S. Supreme Court. Bonner Cohen, a senior fellow at the Committee for a Constructive Tomorrow, told The Center Square that the current Court has been skeptical of agency overreach. “Nowhere in the CAA does it say specifically that the EPA is authorized by Congress to regulate greenhouse gas emissions,” Cohen noted. “The language there is very vague, and the current Supreme Court has been very particular in saying that regulatory agencies cannot make regulations up out of whole cloth.”
The outcome hinges on judicial interpretation of the Clean Air Act’s statutory authority. If the Supreme Court sides with the EPA, it could invalidate numerous climate regulations and shift climate policy entirely to Congress—a body historically gridlocked on the issue. Conversely, a victory for the states would reaffirm the EPA’s role in addressing national environmental crises based on scientific evidence.
Public and Environmental Stakes
Beyond legal technicalities, the lawsuit reflects urgent real-world impacts. From searing heat waves to destructive wildfires, climate change is reshaping American life. The coalition argues that revoking the Endangerment Finding leaves communities unprotected against pollution that exacerbates asthma, heart disease, and other health risks. It also threatens economic stability in sectors like agriculture and tourism, which depend on predictable climate patterns.
As the case proceeds, expect intense national debate. Supporters of the EPA’s move hail it as a return to constitutional limits on bureaucracy. Opponents see it as a reckless abandonment of science and public welfare. For now, California and its allies are betting on the courts to uphold what they call a non-negotiable foundation of environmental law.
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