AGs Divided as EPA Proposes Putting Climate Protections in Reverse

Cozen O'Connor
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  • Democratic and GOP AGs submitted dueling comments on the Environmental Protection Agency’s proposal to rescind its 2009 Endangerment Finding and related greenhouse gas vehicle emission standards. The Finding concluded that greenhouse gas emissions endanger public health and welfare and provided the legal foundation for federal motor vehicle emissions standards.
  • A group of 23 Democratic AGs, joined by several city officials, urged the EPA to keep the Finding and related standards in place, arguing in one letter that rescission would violate settled law; ignore scientific consensus; and undermine climate change efforts. The AGs argued in a second letter that strong federal emissions standards are necessary to protect health and keep U.S. automakers competitive in zero- and low-emission vehicle markets
  • In contrast, a group of 26 Republican AGs endorsed rescission of the Finding and related vehicle standards, arguing in their letter that the Finding was unlawful and scientifically unproven. They alternatively argue that if the EPA leaves the Finding intact, that the EPA repeal the emission standards because the standards are futile, increase costs, and harm consumers.
  • We have previously reported on clashes among AGs on environmental issues, including their positions on EPA rollbacks and net-zero standards.

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