In a major escalation of the climate legal wars, 24 states and 10 cities have sued the EPA to overturn the agency’s repeal of the 2009 endangerment finding, the scientific bedrock of U.S. climate regulations that enabled emissions standards for vehicles, power plants, and other polluters.
A coalition of 24 states, 10 cities, and five counties filed a lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit on Thursday, challenging the Environmental Protection Agency’s repeal of the 2009 endangerment finding. This landmark scientific determination concluded that carbon dioxide and other greenhouse gases threaten public health and welfare, forming the legal underpinning for nearly all U.S. climate regulations under the Clean Air Act Associated Press.
The repeal, finalized by the EPA last month, eliminates greenhouse gas emissions standards for cars and trucks and could unleash a broader undoing of regulations on power plants and oil and gas facilities. The new lawsuit, led by New York Attorney General Letitia James and joined by Democratic officials from Massachusetts, California, Connecticut, and others, asserts that the agency’s action abandons a core responsibility to protect the public.
“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,” James said. Massachusetts Attorney General Joy Campbell added: “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.”
The scientific and legal roots of the endangerment finding trace back to the 2007 Supreme Court case Massachusetts v. EPA, where the Court ruled that greenhouse gases are “air pollutants” under the Clean Air Act. This decision compelled the EPA to regulate these emissions if they endangered public health, leading directly to the 2009 finding. For nearly two decades, courts have uniformly rejected legal challenges to the endangerment finding, including a 2023 decision by the D.C. appeals court.
The EPA justified its repeal by citing a 2022 Supreme Court ruling that limited how the Clean Air Act can be used to reduce carbon dioxide emissions from power plants Associated Press. Agency spokeswoman Brigit Hirsch claimed the lawsuit was “clearly motivated by politics,” not legal merit, and that the EPA “carefully considered and reevaluated the legal foundation” of the 2009 finding in light of that decision.
Yet the timing and breadth of the repeal suggest a broader political agenda. By dismantling the endangerment finding, the administration aims to remove the statutory basis for virtually all federal climate regulations. This move aligns with a pattern of rolling back environmental safeguards and rejecting established climate science, despite mounting evidence of rising global temperatures, extreme weather, and public health impacts.
All plaintiffs in the lawsuit are jurisdictions led by Democrats, highlighting the stark partisan divide over climate policy. The case includes attorneys general from 24 states—such as Arizona, Colorado, Illinois, Michigan, New Jersey, Oregon, Washington, and Wisconsin—as well as the District of Columbia and U.S. Virgin Islands. Cities like New York, Los Angeles, Chicago, Boston, and San Francisco, alongside five counties across California, Colorado, Texas, and Washington, have also joined.
This is the second major legal challenge to the endangerment repeal, following a suit filed last month by public health and environmental groups. With the Supreme Court now far more conservative than in 2007, the dispute is likely to eventually reach the high court. The outcome could determine the future of U.S. climate action for decades, either upholding the scientific basis for regulation or entrenching a doctrine of climate denial at the federal level.
The lawsuit represents a critical front in the battle over climate science and policy. It tests whether the EPA can arbitrarily discard findings based on overwhelming scientific consensus and whether states have the standing to demand federal protection from cross-border pollution effects. For now, the fight moves to the courts, where the legal validity of the repeal will be weighed against the Clean Air Act’s mandate to safeguard public health.
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