Maryland Attorney General Joins National Coalition Against Relaxed EPA Vehicle Emission Standards

Maryland Attorney General Anthony G. Brown, alongside attorneys general from 22 other states, the District of Columbia, seven counties, and three cities, has formally expressed opposition to the U.S. Environmental Protection Agency’s (EPA) proposed rescission of its 2009 Endangerment Finding. This critical finding, established after extensive scientific review, determined that greenhouse gas emissions, including those from motor vehicles, contribute to climate change and pose a threat to public health and welfare. The EPA’s proposal, announced last month, seeks to reverse this finding, arguing it lacks the authority to regulate air pollution driving climate change and aiming to eliminate all existing federal motor vehicle greenhouse gas emission standards.

The legal basis for the 2009 Endangerment Finding stems from the Supreme Court’s 2007 decision in Massachusetts v. EPA, which affirmed the EPA’s authority under the Clean Air Act to regulate greenhouse gases impacting public health and safety. The National Academies of Sciences, Engineering, and Medicine recently reinforced the validity of the 2009 finding, stating it “was accurate, has stood the test of time, and is now reinforced by even stronger evidence.” The coalition’s comment letter argues that the EPA’s proposal to overturn this finding is based on a flawed and unlawful report from the Department of Energy’s Climate Working Group, disregarding established scientific consensus.

The coalition’s 225-page comment letter to the EPA asserts that rescinding the Endangerment Finding would contravene established law, Supreme Court precedent, and scientific agreement, thereby endangering the health and safety of millions of Americans, particularly those already disproportionately affected by environmental issues. Scientific evidence demonstrates that climate change is causing widespread harm across the nation, including rising temperatures, altered precipitation patterns, and sea-level rise. These changes exacerbate heat-related illnesses and deaths, especially among vulnerable populations such as children, the elderly, low-income individuals, and outdoor workers. Furthermore, the increased frequency and intensity of natural disasters like wildfires, hurricanes, floods, and droughts not only pose significant public health risks but also inflict considerable damage on state and local economies.

The coalition contends that the EPA’s proposed rescission ignores these scientifically validated climate impacts and violates the agency’s legal obligations under the Clean Air Act. The new legal interpretations presented by the EPA are seen as fundamentally incompatible with the Clean Air Act and binding Supreme Court precedent. The coalition highlights that the proposal represents a drastic reversal of the EPA’s own long-standing conclusions without any scientifically justifiable rationale. Additionally, the Climate Working Group report, upon which the EPA is relying, is described as procedurally and substantively flawed, yet its findings are being accepted by the EPA while the broader scientific consensus is disregarded. The coalition is urging the EPA to abandon this unsupported and unlawful proposal.

In addition to opposing the rescission of the Endangerment Finding, the EPA’s proposal includes the repeal of all existing federal greenhouse gas emission standards for motor vehicles. A separate comment letter, joined by Attorney General Brown, emphasizes the potentially catastrophic consequences of this disruption. Previous EPA projections indicated that current motor vehicle greenhouse gas emission standards would prevent over 8 billion metric tons of CO2-equivalent greenhouse gas emissions over 30 years, avoiding $1.82 trillion in climate-related damages. Without these standards, the emissions from U.S. motor vehicles, if considered a country, would rank among the world’s top emitters.

The coalition also argues that a strong regulatory program for greenhouse gas emissions is vital for vehicle affordability, consumer choice, and the competitiveness of the American automotive industry. Such programs incentivize automakers to innovate, leading to more efficient vehicles that save consumers money on fuel and maintenance. Repealing these standards could result in factory closures, job losses, and the erosion of billions of dollars invested by various levels of government to support the domestic auto industry. The coalition posits that promoting innovation in advanced vehicle technologies is the most effective way to support drivers, auto workers, and environmental protection.

Furthermore, Attorney General Brown joined a coalition opposing the Department of Energy’s Climate Working Group Report, which the EPA is using as a basis for its proposed rescission. This report was criticized for procedural and substantive flaws, including the selection of individuals known for climate change skepticism, disregard for scientific integrity standards, and non-compliance with Federal Advisory Committee Act (FACA) procedures. The report, allegedly produced in less than two months, contains inaccuracies and mischaracterizations of established climate science. The coalition urged the Department of Energy to withdraw this report, arguing it is unlawful and misguided.

The coalition also filed an amicus brief in support of a lawsuit challenging the Climate Working Group’s report, asserting that the Department of Energy violated FACA. A recent court ruling in this case found that the Department of Energy’s Climate Working Group was not exempt from FACA requirements.

This collective action by state and local governments underscores their commitment to upholding scientific findings and maintaining federal regulations designed to address climate change and protect public health and the environment. Residents can expect that ongoing regulatory actions regarding vehicle emissions and climate change could impact fuel efficiency standards, vehicle technologies, and the automotive market.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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