The Texas Public Policy Foundation, representing a coalition of California businesses and individuals, filed suit to challenge the Environmental Protection Agency’s unreasonable delay in addressing the Foundation’s clients’ petition to reconsider endangerment and cause or contribute findings for greenhouse gases under Section 202(a) of the Clean Air Act (the “Endangerment Finding”).

Read the full complaint.

“This Endangerment Finding is the foundation of the Biden Administration’s Green New Deal environmental policy,” said TPPF General Counsel Robert Henneke. “Yet, this very foundation is soft sand as the finding was not legally adopted. TPPF will not allow further job-killing EPA regulations that are premised upon this invalid prerequisite.”

Before making the Endangerment Finding, EPA utterly failed to submit the finding to the Science Advisory Board for peer review, which is a nondiscretionary mandate under federal law.

“This lawsuit comes down to a question of whether the EPA must comply with the law just like the rest of us,” said TPPF Senior Attorney Theodore Hadzi-Antich. “The EPA had a mandatory duty to seek advice from the Science Advisory Board before making a finding that greenhouse gases endanger human health and welfare. Instead, the EPA made the Endangerment Finding without seeking that advice. We asked the EPA to reconsider its Endangerment Finding almost four years ago, but it still refuses to do so. Now we are asking the federal courts to intervene and make the EPA do its job in accordance with law.”