US EPA repeals greenhouse gas endangerment finding
Removing the endangerment finding strips the federal scientific basis that authorized federal regulation of greenhouse gases, eliminating that federal foundation used to argue that federal law preempts state climate-superfund statutes.
Change
US EPA repealed its greenhouse gas endangerment finding, removing federal authority to regulate emissions from stationary sources such as power plants and fossil fuel facilities.
Why it matters
Federal defendants in state climate liability cases can no longer rely on the rescinded endangerment finding as a singular basis for claiming federal preemption of state climate 'superfund' laws. That requires legal teams and courts to decide preemption questions on statutory text and precedent instead of the prior scientific determination, increasing legal uncertainty for parties in those suits.
Implications
- — In-house and outside counsel for major fossil fuel companies must develop and file alternative federal preemption and statutory-defense arguments in pending state climate suits — failure to do so will leave them unable to rely on the EPA endangerment finding as a dismissal ground.
- — State attorneys general civil enforcement teams must continue or initiate climate 'superfund' lawsuits and emphasise that their statutes assign costs for past emissions rather than impose future federal-style emission standards — failure to frame claims this way risks weakening their non-preemption arguments.
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