After EPA proposed to rescind its 2009 endangerment finding for greenhouse gases under the Clean Air Act, Environmental Defense Fund and Union of Concerned Scientists filed a lawsuit against Secretary of Energy Chris Wright, the U.S. Department of Energy (DOE), EPA Administrator Lee Zeldin, EPA, and the Climate Working Group asserting that the establishment and utilization of the Climate Working Group to “produce a report for DOE and EPA that would provide justification for their predetermined goal of rescinding the Endangerment Finding” was unlawful. The complaint, filed in the federal district court for the District of Massachusetts, alleged that Secretary Wright “quietly arranged for five hand-picked skeptics of the effects of climate change” to form the Climate Working Group and tasked them to “provide ‘balance’ against the consensus views of climate scientists and ‘cut against the prevailing narrative that climate change is an existential threat.’” The plaintiffs asserted that the Climate Working Group was an advisory committee within the meaning of the Federal Advisory Committee Act (FACA) and that because it had not been established in accordance with the requirements of FACA, its implementing regulations, and the DOE Manual, actions utilizing the Climate Working Group were unlawful and violated the Administrative Procedure Act. In addition, the complaint asserted a failure to comply with advisory committee meeting and records requirements. The plaintiffs also asserted that the members of the Climate Working Group were not “fairly balanced” as required by FACA. Alternatively, the court asserted a nonstatutory review and ultra vires actions count. The plaintiffs requested declaratory relief, as well as postponement of the effective dates and vacatur of actions taken by the Climate Working Group or utilizing the Climate Working Group. In addition, the plaintiffs requested injunctive relief, including an injunction requiring disclosure of committee records and minutes and requiring that the public comment period on the proposed rescissions of the Endangerment Finding and related rescission of vehicle emissions standards be kept open for at least 45 days from the date records and minutes are released.

Lawsuit asserting that establishment and utilization of the Climate Working Group to produce a report to provide justification for rescinding the Clean Air Act endangerment finding for greenhouse gases for was unlawful.

Environmental Defense Fund, Inc. v. Wright

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Lawsuit Alleged that EPA and Department of Energy Utilized an Unlawful Advisory Committee to Justify Proposed Rescission of Endangerment Finding

Filed

United States of America

Massachusetts

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Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

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Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

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Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

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woman and genders outside of the gender binary

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Lawsuit Alleged that EPA and Department of Energy Utilized an Unlawful Advisory Committee to Justify Proposed Rescission of Endangerment Finding

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance