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Groups Sue Over Secret Climate Report Underpinning Trump EPA’s Climate Rollback

The suit argues that the administration’s reliance on a hand-picked, non-peer-reviewed report sidestepped advisory rules, triggering likely years of litigation.

Exhaust rises from the stacks of a power station in West Virginia, U.S., May 16, 2018. Picture taken May 16, 2018. REUTERS/Brian Snyder/File Photo
A power plant
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Overview

  • On August 12, the Environmental Defense Fund and Union of Concerned Scientists filed a federal suit in Massachusetts seeking to vacate the DOE’s Climate Working Group report and the EPA proposal to rescind the 2009 endangerment finding.
  • The lawsuit alleges Energy Secretary Chris Wright secretly convened five skeptics to produce a report that bypassed requirements under the Information Quality Act, Federal Advisory Committee Act, Administrative Procedure Act and Science Advisory Board review.
  • If finalized, rescinding the endangerment finding would strip the EPA of its authority to limit greenhouse-gas emissions from vehicles, power plants and oil wells, with public comments on the proposal accepted through September 15.
  • Independent scientific reviews are under way, including a fast-track evaluation by the National Academies and coordinated rebuttals from climate researchers who warn the report cherry-picks data and misrepresents uncertainties.
  • Legal analysts warn that procedural and statutory violations expose the rollback to prolonged litigation that could stall U.S. climate policy and regulatory action for years.