A coalition of groups represented by the Texas Public Policy Foundation are seeking to join a lawsuit to defend the Environmental Protection Agency’s groundbreaking deregulatory effort. Last month, EPA announced what it has called “the single largest deregulatory action in American history.” This final rule rescinds the 2009 Endangerment Finding and the car and truck greenhouse gas emissions standards that rely upon it. EPA estimates this deregulatory action will save Americans more than $1.3 trillion, lowering costs for consumers across the board and reducing new vehicle prices by an average of $2,400 per vehicle.
The Western States Trucking Association (WSTA), Construction Industry Air Quality Coalition (CIAQC), Liberty Packing Company, and Merit Oil Company submitted comments drafted by TPPF attorneys supporting the proposed rescission rule. As soon as EPA published the final rule, a large number of advocacy groups and left-wing states immediately challenged the final rule in the D.C. Circuit. WSTA, CIAQC, Liberty Packing, and Merit Oil are seeking to intervene in this case to help EPA defend the final rule. Beyond a general defense of the rescission, they are also advancing arguments EPA declined to bring. This includes voiding the 2009 Endangerment Finding because EPA did not share the proposal with its Science Advisory Board—a violation of federal law. They are also seeking to overturn Massachusetts v. EPA because it improperly expanded the Clean Air Act to cover greenhouse gas emissions and because the decision gives states “special solicitude” standing to challenge regulations that other parties cannot.
“By making the Endangerment Finding in 2009, EPA impermissibly arrogated to itself enormous powers over virtually every nook and cranny of the nation’s economy in an effort to regulate carbon dioxide, a ubiquitous natural substance essential to life on Earth.” said TPPF Senior Attorney Ted Hadzi-Antich. “Now that EPA has finally rescinded that ill-conceived program, TPPF is happy to lead the charge to help EPA defend the long-overdue rescission of the Endangerment Finding.”
“Rescinding the Endangerment Finding provides the Supreme Court a perfect opportunity to revisit erroneous precedent,” said TPPF attorney Eric Heigis. “In the years since Massachusetts v. EPA, landmark cases such as Loper Bright Enterprises v. Raimondo and West Virginia v. EPA limit EPA’s ability to unilaterally enact politically important and economically costly regulations without Congress’s approval. Until Congress amends the law, the courts must interpret the law based on the best reading of the statute. The best reading of the Clean Air Act precludes regulating carbon dioxide as a greenhouse gas.”
To read the motion to intervene, click here.
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