A coalition of 24 US states, together with a dozen cities and counties, has sued the Trump administration over its decision to revoke a key scientific finding that underpins virtually all federal climate regulations. The lawsuit, filed on Thursday in the US Court of Appeals for the District of Columbia Circuit, is led by Massachusetts, California, New York and Connecticut.
The legal action challenges the Environmental Protection Agency’s (EPA) February rescission of the 2009 endangerment finding, which determined that greenhouse gases threaten public health and welfare. That finding formed the basis for climate standards on cars, power plants, and other sources of greenhouse gas pollution. The lawsuit argues that the rescission was illegal and seeks to reinstate the finding, as well as reverse a related EPA move to repeal emissions limits for motor vehicles.
“When the federal government abandons the law and the science, everyday people suffer the consequences,” said Andrea Joy Campbell, the Massachusetts attorney general. Letitia James, her New York counterpart, added: “Across our country, communities are already suffering from climate disasters … 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.”
The EPA defended its decision, arguing that the Clean Air Act does not apply to carbon dioxide and other planet-warming pollutants, as the law was only intended to regulate pollution that harms health through local exposure. However, scientists have long warned that greenhouse gas emissions are driving dangerous extreme weather, worsening air quality, and spreading disease. Dr Anna Goldman, a primary care physician in Boston, said: “The EPA’s rescission of the Endangerment Finding poses a direct threat to the health of all Americans.”
The court may consolidate this case with another lawsuit filed by environmental groups in February. The endangerment finding had previously been upheld against legal challenges.
