In a significant environmental policy conflict, Attorney General Kris Mayes has aligned with a coalition comprising 23 state attorneys general and numerous counties and cities to challenge the EPA's proposal to revoke its 2009 Endangerment Finding. This key environmental protection finding, which recognizes greenhouse gas emissions from motor vehicles as a public health and welfare threat, stands on the brink of repeal.
Asserting the scientific basis of climate change, the coalition moved to preserve the EPA's original stance. "EPA’s proposed repeal of the Endangerment Finding is wrong on the science and is unlawful," Mayes stated, as obtained by the Arizona Office of the Attorney General. The group has recently sought to robustly oppose what they see as a disregard for the toll of climate change on Americans.
The 2009 Endangerment Finding was a direct response to the 2007 Massachusetts v. EPA Supreme Court ruling, which affirmed the EPA's authority under the Clean Air Act to regulate greenhouse gases. Over two years of scientific review preceded EPA's determination in 2009 that such emissions from vehicles contribute to air pollution harmful to public health and welfare. This was recently supported by the National Academies of Sciences, Engineering, and Medicine, noting even stronger evidence now than before.
The coalition's 225-page comment letter presented to the EPA argued that revoking the Endangerment Finding would not only reverse established law and Supreme Court precedent, but it would also defy the scientific consensus. "EPA’s new legal interpretations are fundamentally inconsistent with the Clean Air Act and binding Supreme Court precedent," as mentioned by the coalition in the Arizona Attorney General's press release. Furthermore, they criticize EPA for following a flawed report by the Department of Energy’s Climate Working Group to justify their rescission proposal.
The secondary implications of the proposed recission include the dismantling of federal greenhouse gas emissions standards for motor vehicles, which the coalition suggests could destabilize state economies and public health. Last year, EPA forecasts indicated that the continuation of the motor vehicle greenhouse gas program could prevent massive climate damages, emphasizing the program's significance in fostering automobile innovation and supporting American jobs.
In yet another initiative, Attorney General Mayes and the coalition also filed against the Climate Working Group's report, which underpinned EPA's proposal. They argued that the report did not follow proper procedures and lacked scientific integrity. Cities such as Chicago, New York, and Oakland joined the legal push-back, which was co-led by attorneys general from Massachusetts and New York.
The full comments filed by the coalition can be accessed through the links provided in the Arizona Attorney General's official statement.
