A refinery with smoke emitting from smokestacks with a city in the background.

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.

www.eenews.net

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

States OK solar panels for balconies. Safety guidelines haven't caught up

Evidence builds showing climate change could be intensifying El Niño events

Oatly joins climate journalism campaign

‘Digger’ is the year’s big climate movie. This climate reporter hated it

Heatwaves, wildfires expose a third of world to extreme ozone pollution

A 100-year-old freezer rule has a hidden climate cost

World's tallest wind turbine reaches final height in Germany's former coal mining region

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Pennsylvania health advocates say Trump’s first 100 days in office have caused “100 harms” to local communities

“They're terrorizing these scientists because they want to keep them silent.”

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.