Back in February, I wrote about a pending lawsuit from various NGOs challenging the Administration’s repeal of the EPA’s 2009 Endangerment Finding for greenhouse gas emissions. Now, twenty-four states and ten municipalities are joining the fight. Led by the Massachusetts Attorney General, these plaintiffs filed a Petition for Review, which will likely be merged with the February litigation. In a press release, the Office of the Massachusetts Attorney General states:
“EPA has rushed a rulemaking process to rescind the Endangerment Finding and repeal all motor vehicle greenhouse gas standards, blatantly disregarding the law and science. EPA’s rescission is based on flawed interpretations of the law — previously rejected by the Supreme Court — that the agency lacks authority to regulate greenhouse gas emissions. The rescission also ignores decades of peer-reviewed scientific evidence confirming the reality and severity of climate change. By eliminating all existing and future federal motor vehicle greenhouse gas emission standards, the rule violates EPA’s legal obligations, fundamental principles of administrative law, and the agency’s mission to protect public health and welfare.”
So far, only a Petition for Review has been filed by the states. This petition contains no substantive arguments and only serves to kick off a legal challenge to an agency rule-making. Further into the litigation, we’ll get a deeper look into the plaintiffs’ arguments.
Our members can learn more about ESG litigation here.
If you’re not already a member, sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information.
Practical Guidance for Companies, Curated for Clarity.
