Two dozen states, 10 cities sue EPA over repeal of 'endangerment'
finding central to climate fight
[March 20, 2026]
By MATTHEW DALY
WASHINGTON (AP) — Two dozen states, along with more than a dozen cities
and counties, sued the Environmental Protection Agency on Thursday,
challenging the Trump administration's repeal of a scientific finding
that had been the central basis for U.S. action to regulate greenhouse
gas emissions and fight climate change.
A rule finalized by the EPA last month revoked the 2009 endangerment
finding that determined carbon dioxide and other greenhouse gases
threaten public health and welfare. The Obama-era finding had been the
legal underpinning of nearly all climate regulations under the Clean Air
Act for motor vehicles, power plants and other pollution sources that
are heating the planet.
The repeal eliminates all greenhouse gas emissions standards for cars
and trucks and could unleash a broader undoing of climate regulations on
stationary sources such as power plants and oil and gas facilities.
The lawsuit, filed in the U.S. Court of Appeals for the District of
Columbia Circuit, is the second major challenge to the endangerment
repeal, following a suit filed last month by public health and
environmental groups.
The new lawsuit asserts that EPA’s rescission of the endangerment
finding abandons a core responsibility to the American people.
“Instead of helping Americans face our new reality, the Trump
administration has chosen denial, repealing critical protections that
are foundational to the federal government’s response to climate
change," said New York Attorney General Letitia James, who led the suit
along with attorneys general of Massachusetts, California and
Connecticut.
In all, 24 states, 10 cities and five counties joined the lawsuit. All
are led by Democrats.
“Climate change is real, and it’s already affecting our residents and
our economy,” said Massachusetts Attorney General Joy Campbell. “When
the federal government abandons the law and the science, everyday people
suffer the consequences."
Massachusetts "has long led the way in protecting our communities from
the dangers of greenhouse gas emissions and we are proud to stand up
once again to lead this fight for our future,” she said.
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Environmental Protection Agency director Lee Zeldin speaks at EDSI
Cables, Wednesday, March 18, 2026, in Auburn Hills, Mich. (AP
Photo/Paul Sancya)
The U.S. Supreme Court, in a landmark 2007 case, ruled that carbon
dioxide and other greenhouse gases are “air pollutants” under the
Clean Air Act. Since the high court’s decision, in a case known as
Massachusetts v. EPA, courts have uniformly rejected legal
challenges to the endangerment finding, including a 2023 decision by
the D.C. appeals court.
EPA spokeswoman Brigit Hirsch said the latest lawsuit was “not about
the law or the merits of any argument.” Instead, the plaintiffs “are
clearly motivated by politics," she said.
The EPA “carefully considered and reevaluated the legal foundation"
of the 2009 finding in light of recent court decisions, including a
2022 Supreme Court ruling that limited how the clean air law can be
used to reduce carbon dioxide emissions from power plants, Hirsch
said.
In addition to New York, Massachusetts, California, and Connecticut,
the case was joined by attorneys general of Arizona, Colorado,
Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota,
New Jersey, New Mexico, Nevada, North Carolina, Oregon, Rhode
Island, Vermont, Virginia, Washington and Wisconsin, as well as the
District of Columbia and U.S. Virgin Islands.
The Pennsylvania Department of Environmental Protection also joined
the case, along with the cities of Albuquerque, Boston, Chicago,
Cleveland, Columbus, Denver, Los Angeles, New York and San
Francisco, and five counties in California, Colorado, Texas and
Washington state.
The dispute is likely to end up back before the Supreme Court, which
is now far more conservative than it was in 2007.
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