Capitol News

Michigan Attorney General Dana Nessel has joined a coalition of states in opposing the U.S. Environmental Protection Agency’s (EPA) proposed rescission of its 2009 Endangerment Finding. This finding determined that greenhouse gas emissions, including those from motor vehicles, contribute to climate change and pose risks to public health and welfare.

The EPA’s proposal, announced by the Trump Administration last month, seeks to revoke the agency’s authority to regulate air pollution related to climate change and would eliminate all existing EPA vehicle greenhouse gas emission standards.

The 2009 Endangerment Finding followed the Supreme Court's decision in Massachusetts v. EPA, which confirmed that the EPA could regulate greenhouse gases under the Clean Air Act if they were found to endanger public health or welfare. The finding was based on over two years of scientific review.

“Decades of scientific research have shown the devastating consequences greenhouse gas emissions have on our health, our environment, and our economy,” Nessel said. “Dismantling the very finding that requires the EPA to regulate these harmful pollutants is dangerous and irresponsible. I will continue to speak out against such reckless rollbacks to protect our communities from the growing threats of climate change.”

In a 225-page letter submitted to the EPA, Nessel and other attorneys general argued that rescinding the Endangerment Finding would violate established law, Supreme Court precedent, and scientific consensus. They warned it would put millions of Americans at risk, especially those in communities already disproportionately affected by environmental harm.

The coalition also sent a second letter stating that repealing federal greenhouse gas emissions standards for all motor vehicle classes would disrupt regulatory frameworks developed over 15 years. They argued this could have serious consequences for residents, industries, natural resources, and public investments at state and local levels.

Nessel joined another comment letter challenging a Climate Working Group report used by the EPA as justification for its proposal. The coalition cited legal flaws in this report and urged its withdrawal by the Department of Energy.

Additionally, Nessel filed an amicus brief supporting plaintiffs in Environmental Defense Fund v. Wright before a federal court in Massachusetts. The brief contended that forming and using the Climate Working Group violated federal law requiring advisory committees to operate transparently with balanced membership. The court found that this group is not exempt from those requirements.

Attorney General Nessel also testified before the EPA on August 19 against rescinding both the Endangerment Finding and vehicle emission standards.