WASHINGTON — Following today’s final action by the Environmental Protection Agency repealing the 2009 endangerment finding, Jillian Blanchard, Vice President of Climate Change & Environmental Justice at Lawyers for Good Government (L4GG), issued the following statement:
“By finalizing the repeal of the endangerment finding, the EPA has formally declared its loyalty to polluters over people. This decision rips out the scientific and legal foundation that has protected Americans from dangerous climate pollution for more than a decade, and it does so by ignoring decades of peer-reviewed science, sidelining expert consensus, and fast-tracking a change with enormous consequences for public health.
“Section 202(a)(1) of the Clean Air Act (42 U.S.C. § 7521(a)(1)) clearly states that the EPA Administrator must regulate any air pollutant that can “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” Courts have been clear for years: the Clean Air Act requires EPA to follow the science and regulate climate pollution that endangers human health and welfare. This rule violates both the law and reality, and it will be challenged accordingly. “Greenhouse gases don’t stop endangering people because an administration says they don’t. Heat waves, floods, wildfires, and toxic air will continue to harm communities whether EPA acknowledges the science or not.
“What makes this move especially egregious is the process itself. EPA rushed this rule through on an artificially short timeline, relied on discredited pseudoscience from a politicized ‘Climate Working Group,’ and dismissed thousands of public comments, claiming any related to climate science were ‘out of scope.’ That is the definition of arbitrary and capricious decision-making and a failure to observe due process.
“Communities, states, and advocates, including Lawyers for God Government, will continue to call for administrative reconsideration and push back against this repeal in the courts. This fight is far from over.”
Ryan Hathaway, L4GG’s Director of Environment and Climate Justice and former Director for Environmental Justice under Biden, added the following:
“The EPA can’t just erase the endangerment finding with the stroke of a pen. By 2009, the science was unequivocal: greenhouse gases endanger public health. The Endangerment finding wasn’t political; it was the culmination of decades of measurement, modeling, and global consensus. To reverse it now would not only ignore overwhelming scientific evidence, but unravel one of the rare moments where policy caught up to facts. It would be like deciding, years after seatbelts saved millions of lives, that maybe we never needed them. It’s reckless, ignorant, irresponsible, and will hurt people. We are not going to stand for it.”
If you’d like to connect with Jillian or Ryan to discuss the legal and environmental stakes of this unprecedented rollback, and why courts are likely to view this proposal as unlawful, we’d be happy to arrange an interview.
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Lawyers for Good Government (L4GG) is a nonprofit organization that harnesses the power of 125,000 lawyers, law students, and advocates in the fight for justice. We identify where lawyers can make the greatest impact and mobilize them to defend democracy and the rule of law, protect civil and human rights, and advance environmental justice through coordinated legal action and advocacy efforts that create meaningful change for all Americans.