Eighteen young Americans are demanding that a federal court immediately halt the Trump administration’s repeal of the scientific finding that underpins virtually all US climate regulations. The plaintiffs filed a lawsuit in February shortly after officials revoked the 2009 endangerment finding, which concluded that greenhouse gas pollution threatens public health and welfare. The case, Venner v. EPA, was lodged in the Washington DC Circuit Court of Appeals and alleges that the repeal infringes on rights guaranteed by the US Constitution, including religious freedom, life, and liberty.
Urgent Motion for a Stay
On Wednesday, the plaintiffs filed a motion for a stay, arguing that the repeal is already causing tangible harm. According to the motion, shared with the Guardian, car manufacturers are altering their business plans to lock in more gasoline-powered vehicles. The filing also requests that the court immediately halt the repeal of annual motor vehicle greenhouse gas standards, which the Environmental Protection Agency (EPA) finalized on the same day it rolled back the endangerment finding. The motion warns that during the time it would take for the lawsuit to proceed through the courts, the rescissions could result in an additional gigaton of planet-warming CO2 pollution—more than Japan’s total annual emissions. This figure is based on the EPA’s 2024 calculations of pollution reductions attributable to the regulations each year.
Irreversible Harm
“The increased exposure to all of the pollutants that will result from this rule can’t be undone,” said Julia Olson, founder and chief legal counsel for Our Children’s Trust, the non-profit law firm behind the lawsuit. “The harm to the petitioners is irreversible.” The White House and EPA both declined to comment. More than a dozen environmental and public health groups have also sued the EPA over the February repeals, but the Venner plaintiffs are the first to seek a stay and the only ones to challenge the repeal on constitutional grounds.
Constitutional and Religious Rights
The challengers argue that by worsening planet-warming and toxic pollution, the administration is violating their rights to life and liberty. They also contend that the repeal threatens states’ ability to protect rights guaranteed to their citizens under the Fifth Amendment. For example, in June 2024, Hawaii committed to decarbonizing its transportation system by 2045 as part of a settlement in another Our Children’s Trust case, Navahine v. Hawaii Department of Transportation. That case was brought under the state constitution, which declares that “all public natural resources are held in trust by the State for the benefit of the people.”
“Hawaii’s ability to decarbonize transportation and move towards EVs, to comply with the settlement agreement [and] to uphold its own constitution are all being harmed by what EPA has just done,” Olson said. The repeal is also impeding plaintiffs’ ability to practice their religions, in violation of the First Amendment and the Religious Freedom Restoration Act of 1993. One Muslim plaintiff in California says her ability to fast during Ramadan is threatened by increased risk of dehydration amid extreme heat.
Faith and the Environment
Elena Venner, the 21-year-old named plaintiff, said that by degrading the natural world, the repeal inhibits her ability to practice Catholicism, which teaches that the environment must be protected. She cited Pope Francis’ 2015 encyclical, Laudato Si’: On Care for Our Common Home, noting that “the climate is a common good, and it belongs to everyone, and it’s meant for everyone because it’s a foundational system that helps support all human life.” She added, “When I look at what’s being rolled back right now, it’s making that foundation less stable.”
Elijah Schaffzin, a 17-year-old from Memphis and another plaintiff, said the repeal will impact his ability to practice Judaism. He suffers from asthma and severe pollen allergies, forcing him to take a “cocktail of medications” and avoid going outside in spring. Increased heat and pollution will worsen his ailments, making it harder to observe his faith, such as attending synagogue on Saturdays. Jewish law forbids operating motor vehicles on the Sabbath. “If I want to go to services on Saturdays, I have to walk, and my walk is about 0.7 miles, or 20 to 25 minutes each way [along] a six-lane road that is extremely busy and polluted,” he said. “That means for stretches that are unshaded on days where the heat index is too high, or when there’s an air quality alert issued, or if the pollen is too intense, I’m unable to go.”
Allegiance to Polluters
By repealing the endangerment finding, the Trump administration revealed its allegiance to polluting companies, Olson said. “They’re prioritizing the financial interests of certain industries over the health and safety of children,” she added.
