Dive Brief:
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A coalition of mayors groups, attorneys general and seven cities and counties submitted extensive letters regarding the U.S. Environmental Protection Agency’s proposal to rescind the 2009 “endangerment finding,” which concluded that emissions of six greenhouse gases endanger human health and is the underpinning for greenhouse gas regulation under the Clean Air Act.
- The EPA “fails to seriously consider the impacts of these regulatory actions in cities,” stated a 14-page letter signed by the National League of Cities, the U.S. Conference of Mayors, Climate Mayors, C40 Cities and the Sabin Center for Climate Change Law at Columbia Law School.
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Attorneys general from Kentucky and West Virginia, meanwhile, are co-leading a 26-state coalition that submitted an 82-page letter in support of repealing the endangerment finding, stating it “was built on shaky ground — legally and scientifically.”
Dive Insight:
The EPA on July 29 proposed rescinding federal authority to regulate greenhouse gas emissions, kicking off a formal rulemaking process with a period for stakeholders to comment before the agency finalizes and publishes the proposed rule. Virtual public hearings were held Aug. 19-22, and written comments were due Monday. More than 300,000 comments were filed.
The EPA said rescinding the finding would “save Americans $54 billion in costs annually through the repeal of all greenhouse gas standards” and “give power back to the states to make their own decisions” about greenhouse gas regulations.
In its 225-page letter opposing the repeal, the coalition of attorneys general and cities and counties “describes the harms that the States and Local Governments are daily experiencing and that will be exacerbated if EPA finalizes the Proposal.” The letter argues that rescinding the endangerment finding would violate Supreme Court precedent and “disproportionately affect certain vulnerable groups and communities with environmental justice concerns.”
“We will continue to take action against dangerous federal actions that disregard scientific evidence,” said Chicago Mayor Brandon Johnson, one of the letter’s signatories, in an emailed statement. “The importance of upholding this long-held commitment is underscored by the plain truth that the effects of climate change are felt most acutely by working people and Black and Brown communities.”
“New York City is no stranger to the devastating effects of natural disasters,” New York Mayor Eric Adams, who also signed the letter, said in a statement. “With more extreme weather events hitting the five boroughs more often, for our safety and to protect our economy, we must be prepared for the effects of climate change, including by putting in place stronger federal regulations of greenhouse gases.”
West Virginia Gov. Patrick Morrisey said in a statement Aug. 1 that the endangerment finding “represents quintessential federal overreach and was never borne out by the law.” President Donald Trump and EPA Administrator Lee Zeldin are “reining in this overreach so states such as West Virginia can unleash American energy and compete successfully against China,” Morrisey said.
The EPA will respond to public comments before finalizing the rule. Lawsuits are expected if it moves ahead with rolling back the endangerment finding. Yale Climate Connections said the issue will likely end up at the Supreme Court in a process that could take several years.
