Legal Challenge Emerges Over EPA Climate Finding Repeal

A coalition of environmental organizations, public health advocates, and state and local governments has formally notified the U.S. EPA of its intent to sue over the agency's repeal of the 2009 Endangerment Finding, a landmark scientific determination that greenhouse gas emissions endanger public health and welfare.

The notice, submitted by groups including the Environmental Defense Fund and Natural Resources Defense Council, argues that EPA failed to follow required procedures when finalizing the repeal. The coalition contends that EPA relied on new modeling and analysis in its final rule that were not included in the proposal released for public comment. The groups have asked EPA to reconsider the action and reopen the rulemaking process but say the agency has not responded. EPA now has 180 days to address the concerns before a lawsuit can be filed.

The Endangerment Finding serves as the legal foundation for many federal climate regulations under the Clean Air Act, including greenhouse gas standards for motor vehicles. EPA's repeal of the finding is also the subject of separate legal challenges from states, environmental organizations, and public health groups.

During the rulemaking process, ASLA submitted comments opposing the repeal. The Society emphasized that the Endangerment Finding is grounded in decades of scientific research and provides a critical foundation for federal climate policy. ASLA warned that rescinding the finding could undermine efforts to address extreme heat, biodiversity loss, flooding, and other climate-related challenges facing communities nationwide.

ASLA's comments highlighted the role of landscape architects in implementing nature-based solutions, expanding urban tree canopy, designing resilient transportation infrastructure, and creating healthier, more climate-resilient communities. The Society also noted that strong greenhouse gas standards support economic growth, innovation, and long-term investments in sustainable infrastructure.

ASLA will continue monitoring developments and advocating for science-based policies that strengthen community resilience, protect public health, and support climate-smart planning and design.