Will Courts Uphold the EPA's Rescission of the "Endangerment Finding"?

In February, the Environmental Protection Agency finalized a regulation rescinding the so-called "endangerment finding"--the finding that the emission of greenhouse gases from mobile sources cause or contribute to air pollution that can be reasonably anticipated to endanger public health or welfare.

As expected, environmental groups and blue states have already filed suit challenging the rescission.

Some of the suits raise fanciful arguments, while others advance more traditional administrative law claims.

Rescission of the endangerment finding was one of the Trump Administration's top environmental priorities, but some of us have been skeptical that endangerment repeal does much to advance the administration's deregulatory priorities (let alone a rational climate policy).

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