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AG lodges new challenge to EPA decision on greenhouse gas regulation

AG lodges new challenge to EPA decision on greenhouse gas regulation

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BOSTON — Attorney General Andrea Campbell pledged that she would “see them in court” when the Trump administration rescinded the 2009 policy that underpins essentially all federal regulation of greenhouse gas emissions, and on Thursday moved with her counterparts around the country to make good on her word.

Campbell and the attorneys general of California, Connecticut and New York led a coalition of 24 states and other governments to petition a court to review the U.S. Environmental Protection Agency’s move to eliminate the so-called Endangerment Finding — in which the EPA concluded that greenhouse gases pose an urgent risk to public health and should be regulated.

“EPA has rushed a rulemaking process to rescind the Endangerment Finding and repeal all motor vehicle greenhouse gas standards, blatantly disregarding the law and science. EPA’s rescission is based on flawed interpretations of the law — previously rejected by the Supreme Court — that the agency lacks authority to regulate greenhouse gas emissions,” Campbell’s office wrote in a press release. “The rescission also ignores decades of peer-reviewed scientific evidence confirming the reality and severity of climate change. By eliminating all existing and future federal motor vehicle greenhouse gas emission standards, the rule violates EPA’s legal obligations, fundamental principles of administrative law, and the agency’s mission to protect public health and welfare.”

What was filed Thursday in the U.S. Court of Appeals for the D.C. Circuit is a one-page “petition for review” that asks the court to take a look at the EPA’s action without making the case that the action was flawed.

Campbell’s office said the Endangerment Ruling came about as a “direct result” of the 2007 U.S. Supreme Court decision in Massachusetts v. EPA, which confirmed that the EPA had authority under the Clean Air Act to regulate greenhouse gas emissions that threaten public health and welfare.

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When the Trump administration announced its rescission in February, the White House called it “the single largest deregulatory action in U.S. history,” and EPA Administrator Lee Zeldin said the move would save Americans more than $1.3 trillion by eliminating regulatory requirements to measure, report, certify, and comply with federal emission standards for motor vehicles.