EPA sued over elimination of key climate regulation 

Environmental and health groups have launched the first lawsuit challenging the EPA’s decision to repeal its foundational finding that greenhouse gases endanger public health.

Environmental and health organizations filed a lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit on Wednesday.

The lawsuit challenges the Environmental Protection Agency’s (EPA) decision to repeal its “endangerment finding,” which had served as the scientific basis for U.S. federal climate change regulations.

The big picture: The EPA’s rule rollback eliminates limits on greenhouse gases from vehicles and potentially other pollution sources.

  • The endangerment finding, established in 2009, declared greenhouse gases a threat to public health, enabling regulations under the Clean Air Act.
  • Earthjustice, representing six groups in the suit, said the EPA is abandoning its core mission to protect health and the environment in favor of polluting industries.
  • The plaintiffs argue that the EPA is recycling arguments already considered – and rejected – by the Supreme Court in the 2007 Massachusetts v. EPA decision.
  • Legal experts note that environmentalists feel compelled to challenge the EPA’s move, despite the risk of escalation to a more conservative Supreme Court.

What we’re watching: If the legal challenges fail, regulating greenhouse gases would require new Congressional action, as argued by both the EPA and some observers.

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