The Environmental Protection Agency has repealed the endangerment finding, the 2009 determination that carbon dioxide, methane and four other greenhouse gases threaten human health. The repeal could be setting up a battle before the Supreme Court.
Bracewell’s Jeff Holmstead, former EPA official under President George W. Bush, told The New York Times that EPA’s claims about the lack of congressional authorization and the Trump administration’s narrower interpretation of the Clean Air Act without overturning Massachusetts v. EPA is an argument that “could win over a majority of justices.”
The Trump administration’s move to reprise this legal argument made by the Bush administration that already failed at the Supreme Court is considered risky.
