US's EPA repeals greenhouse gas endangerment finding
Change
US's EPA repealed its greenhouse gas endangerment finding, removing the agency's legal basis to regulate greenhouse gas emissions from stationary sources such as power plants and oil refineries.
Why it matters
The repeal creates a legal inconsistency with federal preemption claims the US Department of Justice has used to challenge state 'climate superfund' laws, weakening the argument that federal law alone governs greenhouse gas regulation. That shift gives states stronger grounds to defend statutes that impose costs on past emissions and to resist DOJ attempts to invalidate them in court.
Implications
- • State attorneys general must incorporate the EPA repeal into their preemption defenses when opposing US Department of Justice challenges to state climate superfund statutes.
- • US Department of Justice environmental litigators must reconcile their preemption arguments with the EPA's repeal in ongoing court filings to avoid inconsistent legal positions.
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Topics
Court Rulings Regulatory Actions Climate Change Environmental Regulation