EPA Faces First Lawsuit Over Its Killing of Major Climate Rule (nytimes.com)
Posted by BeauHD from the destined-for-a-supreme-court-rematch dept.
An anonymous reader quotes a report from the New York Times: The first shot has been fired in the legal war over the Environmental Protection Agency's rollback of its "endangerment finding," which had been the foundation for federal climate regulations. Environmental and health groups filed a lawsuit on Wednesday morning in the U.S. Court of Appeals for the District of Columbia Circuit, arguing that the E.P.A.'s move to eliminate limits on greenhouse gases from vehicles, and potentially other sources, was illegal. The suit was triggered by last week's decision by the E.P.A. to kill one of its key scientific conclusions, the endangerment finding, which says that greenhouse gases harm public health. The finding had formed the basis for climate regulations in the United States.
The lawsuit claims that the agency is rehashing arguments that the Supreme Court already considered, and rejected, in a landmark 2007 case, Massachusetts v. E.P.A. The issue is likely to end up back before the Supreme Court, which is now far more conservative. In the 2007 case, the justices ruled that the E.P.A. was required to issue a scientific determination as to whether greenhouse gases were a threat to public health under the 1970 Clean Air Act and to regulate them if they were. As a result, two years later, in 2009, the E.P.A. issued the endangerment finding, allowing the government to limit greenhouse gas emissions, which cause climate change. "With this action, E.P.A. flips its mission on its head," said Hana Vizcarra, a senior lawyer at the nonprofit Earthjustice, which is representing six groups in the lawsuit. "It abandons its core mandate to protect human health and the environment to boost polluting industries and attempts to rewrite the law in order to do so."
[...] Also on Wednesday, two other nonprofit law firms filed their own lawsuit against the E.P.A. over the endangerment finding, on behalf of 18 youth plaintiffs. That suit, by Our Children's Trust and Public Justice, argues that the E.P.A.'s move was unconstitutional. Separate legal challenges to E.P.A. rules are generally consolidated into one case at the D.C. Circuit Court, which is where disputes involving the Clean Air Act are required to be heard. But the sheer number of groups involved could make the legal battle lengthy and complicated to manage. A three-judge panel at the Circuit Court is expected to pore over several rounds of legal briefs before oral arguments begin. Those may not take place until next year.