US EPA repeals endangerment finding for greenhouse gases

Change
US EPA repealed its greenhouse gas endangerment finding and removed the agency's statutory basis to regulate greenhouse gas emissions from stationary sources such as power plants.
US EPA repeals endangerment finding for greenhouse gases
Why it matters
The change weakens federal legal arguments that federal authority over greenhouse-gas regulation preempts state climate liability measures, narrowing the Department of Justice's grounds for seeking to invalidate state laws. That makes it procedurally easier for states to defend laws that charge fossil fuel companies for costs tied to past emissions.
Implications
  • State attorneys general environmental litigation teams must cite the endangerment finding repeal to counter federal preemption arguments in ongoing climate superfund cases.
  • Fossil fuel companies' litigation teams must revise defence strategies to address a reduced federal-preemption basis and emphasize other legal grounds.

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Source

The Guardian

Topics

Court Rulings Regulatory Actions Climate Change Environmental Regulation

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