EPA Faces First Lawsuit Over Its Killing of Major Climate Rule (nytimes.com) 34
The lawsuit claims that the agency is rehashing arguments that the Supreme Court already considered, and rejected, in a landmark 2007 case, Massachusetts v. E.P.A. The issue is likely to end up back before the Supreme Court, which is now far more conservative. In the 2007 case, the justices ruled that the E.P.A. was required to issue a scientific determination as to whether greenhouse gases were a threat to public health under the 1970 Clean Air Act and to regulate them if they were. As a result, two years later, in 2009, the E.P.A. issued the endangerment finding, allowing the government to limit greenhouse gas emissions, which cause climate change. "With this action, E.P.A. flips its mission on its head," said Hana Vizcarra, a senior lawyer at the nonprofit Earthjustice, which is representing six groups in the lawsuit. "It abandons its core mandate to protect human health and the environment to boost polluting industries and attempts to rewrite the law in order to do so."
[...] Also on Wednesday, two other nonprofit law firms filed their own lawsuit against the E.P.A. over the endangerment finding, on behalf of 18 youth plaintiffs. That suit, by Our Children's Trust and Public Justice, argues that the E.P.A.'s move was unconstitutional. Separate legal challenges to E.P.A. rules are generally consolidated into one case at the D.C. Circuit Court, which is where disputes involving the Clean Air Act are required to be heard. But the sheer number of groups involved could make the legal battle lengthy and complicated to manage. A three-judge panel at the Circuit Court is expected to pore over several rounds of legal briefs before oral arguments begin. Those may not take place until next year.