Date Filed: March 19, 2026
Original Court: D.C. Circuit
Case Status: Pending
In 2009, the Environmental Protection Agency (EPA) made a decision that quietly reshaped the American economy. The Endangerment Finding declared that greenhouse gases from cars and trucks endanger public health and welfare. It relied on a finding that carbon dioxide—an abundant, naturally-occurring substance essential to all life on earth—meets the Clean Air Act’s definition for an air pollutant. That single determination became the legal foundation for all federal greenhouse gas regulations. The most recent Biden-era regulations would have required at least 30% of trucks and 70% of cars be all-electric by 2032.
In February 2026 EPA rescinded the Endangerment Finding and repealed the associated greenhouse gas emissions standards for cars and trucks. This represented the largest single deregulatory action in our nation’s history—estimated to save more than $1.3 trillion. A coalition of advocacy groups and states immediately filed suit in the U.S. Court of Appeals for the D.C. Circuit, asking the court to strike down the rescission and revive the prior regulatory regime.
TPPF represents the Western States Trucking Association, Construction Industry Air Quality Coalition, Merit Oil, and Liberty Packing. These businesses greatly benefit from the Endangerment Finding’s rescission and have intervened in this case to defend EPA’s rescission. These groups are advancing additional legal arguments that the federal government thus far has been unwilling to make. This includes arguing that Massachusetts v. EPA was wrongly decided and should be overturned.
The D.C. Circuit granted our clients intervention in April 2026. TPPF will continue to vigorously defend the Endangerment Finding rescission in the D.C. Circuit and eventually the U.S. Supreme Court.
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