CLF: U.S. Environmental Protection Agency sued over illegal repeal of climate protections

Conservation Law Foundation (CLF), as
part of a broad coalition of health and environmental groups, has sued
the Environmental Protection Agency (EPA) over its illegal
determination that it is not responsible for protecting us from climate
pollution and its elimination of rules to cut the tailpipe pollution fueling
the climate crisis and harming people’s health.
The case,
filed in the D.C. Circuit, challenges the Trump EPA’s rescission of the 2009
endangerment finding, which found that climate pollution is a threat to public
health and welfare. The finding supported common-sense safeguards to cut that
pollution, including from cars and trucks. In addition, the agency eliminated
the clean vehicle standards, which were set to deliver the single biggest cut
to U.S. carbon pollution in history, save lives, and save Americans’
hard-earned money on gas.
The case was brought by:
- The American
Public Health Association, American Lung Association, Alliance
of Nurses for a Healthy Environment, Clean Wisconsin,
represented by Clean Air Task Force (CATF),
- Center
for Community Action and Environmental Justice (CCAEJ), Clean
Air Council, Friends of the Earth, Physicians for
Social Responsibility, Rio Grande International Study Center (RGISC),
and the Union of Concerned Scientists, represented
by Earthjustice, and
- Center
for Biological Diversity, Conservation Law Foundation, Environmental
Defense Fund, Environmental Law & Policy Center, NRDC (Natural
Resources Defense Council), Public Citizen, and Sierra
Club.
The named defendants are EPA Administrator Lee
Zeldin and EPA itself as an agency.
“Taking away the endangerment finding doesn’t protect
families — it abandons them,” said Conservation Law Foundation Senior Vice
President for Law and Policy Kate Sinding Daly. “This scientific
determination has for years served as the bedrock of our nation’s efforts to
curb deadly pollution and safeguard public health and welfare. Taking it away
only absolves the EPA of acting on behalf of every family in the country. We
won’t let that stand and we’re prepared to take this fight to court to ensure
our communities aren’t left to bear the consequences of unchecked
climate-warming pollution.”
Under the Clean Air Act, the EPA is legally required to limit vehicle emissions of any “air pollutant” that the agency determines “cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.”
In 2007, the United States Supreme Court held in Massachusetts v. EPA that
carbon dioxide and other greenhouse gases 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 made that determination
in 2009, which led to new standards for vehicles. It built on that finding when
issuing other standards.
In its repeal, the Trump EPA is rehashing legal arguments
that the Supreme Court already considered and rejected in Massachusetts
v. EPA.
Along with the repeal of the endangerment finding, the EPA
eliminated all carbon emissions standards from vehicles. The EPA’s clean car
standards set in 2024 would save drivers
of new cars an average of $6,000 over the lifetime of their
vehicles. The EPA’s
own analysis found that eliminating vehicle standards will
increase gas prices, force Americans to spend more on fuel, and have a net
negative effect on the economy.















