California, Massachusetts, Connecticut and New York are leading a group of 20 other states in suing the U.S. Environmental Protection Agency for relinquishing its ability to regulate greenhouse gas emissions. the new York Times Report. The lawsuit specifically argues that the EPA’s decision to cancel a 2009 study that determined that greenhouse gases are dangerous to public health was illegal. The study, called a “threat finding,” was one of several justifications for the agency’s ability to regulate emissions, along with things like the Clean Air Act.
The rescinding of the findings voided the EPA’s evidence for things like emissions standards and many other regulations that attempted to reduce the amount of greenhouse gases produced by the automotive, coal, and oil industries. The Trump administration framed the rollback as a cost-saving measure, but it was also a major blow to the government’s ability to fight climate change. Greenhouse gases, which include things like carbon dioxide, methane and nitrous oxide, accumulate in the atmosphere and warm the planet, causing extreme weather patterns and negative impacts on the environment. Determining that changes caused by greenhouse gases pose a risk to public health gives the EPA the authority to regulate them under its existing mandate to address air pollution. Depending on the outcome of this lawsuit it may get a mandate again.
Of course, winning the case is not necessary to restore the EPA’s role in fighting climate change. Congress can now do this by passing a new law. The legal route is much faster and potentially riskier. the new York Times writes that this new lawsuit was filed in the US Court of Appeals for the District of Columbia, and may eventually be combined with the environmental groups’ existing lawsuit. Depending on how the case fares in a lower court, it could ultimately be appealed to the U.S. Supreme Court, which could decide on an even more restrictive interpretation of the EPA’s role.
Under President Donald Trump, the EPA has already rolled back clean water rules and attempted to suppress research. The Trump administration has separately tried to weaken the authority of independent agencies like the EPA and FTC, which the Supreme Court has not yet ruled illegal.
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