We’ve been following the EPA’s decision to revoke its 2009 endangerment finding for greenhouse gases. The endangerment finding is a key legal underpinning for the EPA’s regulation of GHG emissions. The rollback currently faces several legal challenges. While these cases may take years to be decided, one group of plaintiffs is hoping for more immediate relief. Youth plaintiffs represented by Our Children’s Trust are seeking a preliminary injunction in the case. If granted, this injunction would require the EPA to keep its endangerment finding in place while litigation plays out. The plaintiffs summarize their arguments in a press release:
“The motion argues that without a stay, car manufacturers are already making fleet and model decisions based on the Repeal Rule that will lock in more gas-powered vehicles for at least the next 15 years, decisions that cannot be undone even if the petitioners ultimately prevail. The petitioners also assert immediate and irreparable harm to their health, religious practices, and constitutional rights.”
Our Children’s Trust has seen success in previous youth climate cases at the state level. However, the organization has fared worse in federal court. If the youth plaintiffs are successful, it would mean that the GHG endangerment finding would stay in place during litigation. Given the nature of the case, that may be long enough for a new administration and subsequent EPA leadership to abandon the revocation.
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