Repealing EPA’s endangerment finding may unleash climate lawsuits against polluters

Legal scholars warn that U.S. Environmental Protection Agency Administrator Lee Zeldin’s move to void the agency’s 2009 endangerment finding could strip industry of a key shield against federal climate suits.

Jean Chemnick reports for E&E News.

In short:

• The 2009 endangerment finding obliges EPA to regulate greenhouse gases; repealing it would let the Trump EPA scrap Biden-era carbon and methane standards without offering replacements.
• If federal authority lapses, Democratic-led states such as California could argue they no longer need an EPA waiver to enforce stricter vehicle or power-plant emission limits.
• Legal scholars say the move could revive federal common-law climate suits that were blocked by the Supreme Court in 2011, exposing fossil-fuel producers and utilities to broad injunctions and damages.

Key quote:

“There’s a lot of concern in industry about how reversing the endangerment finding could open the door to more litigation and lawsuits."

— Jeff Holmstead, a partner with Bracewell LLP who represents industry clients

Why this matters:

Greenhouse gases are invisible, but their effects show up everywhere: Blistering heat waves, wildfire smoke that blankets cities, and rising insurance costs as storms grow fiercer. When federal protections waver, the burden shifts to courts and statehouses, creating uneven rules that leave residents and businesses guessing. A patchwork approach can stall investment in cleaner technology and delay emission cuts. Fossil fuel firms, utilities, and automakers would still face legal risks, yet communities near refineries and power plants could see slower relief from soot and ozone.

Read more: EPA bid to scrap climate endangerment finding reshapes power-sector rules