Maryland AG Brown Vows to Fight EPA’s Rescission of Greenhouse Gas Endangerment Finding

Maryland Attorney General Anthony G. Brown has publicly stated his intention to combat the U.S. Environmental Protection Agency’s (EPA) recent final rule that rescinds the agency’s 2009 determination regarding the dangers of greenhouse gas emissions. The 2009 finding established that emissions from motor vehicles contribute to air pollution, which in turn exacerbates climate change and poses risks to public health and welfare. Attorney General Brown criticized the rescission, asserting that it disregards years of scientific consensus and legal precedent, prioritizing corporate interests over the well-being of Americans.

The 2009 Endangerment Finding was a direct outcome of the U.S. Supreme Court’s pivotal 2007 decision in Massachusetts v. EPA. This landmark ruling affirmed the EPA’s authority under the Clean Air Act to regulate greenhouse gas emissions. Following this legal mandate and extensive scientific review, the EPA concluded in 2009 that greenhouse gases emitted by vehicles were pollutants that harmed public health and welfare. This conclusion led to the implementation of standards aimed at curbing these emissions.

Attorney General Brown’s office contends that the EPA’s decision to revoke this finding is based on an unsubstantiated claim that the agency lacks the legal authority to regulate greenhouse gas emissions, a position previously rejected by the Supreme Court. Furthermore, the rescission is seen as ignoring substantial scientific evidence confirming that greenhouse gases indeed endanger public health and welfare. The rule also has the effect of eliminating all current and future federal regulations on vehicle greenhouse gas emissions, which the Attorney General’s office argues is a violation of the EPA’s legal duties and its fundamental responsibility to safeguard the public from environmental harm.

In the fall of 2025, Attorney General Brown, alongside a coalition of 23 other state attorneys general and representatives from seven counties and cities, submitted comments to the EPA urging the agency to withdraw its proposal. Their arguments highlighted concerns that the proposed rescission would contravene established law and Supreme Court precedent, dismiss overwhelming scientific agreement, and endanger millions of Americans. The coalition also pointed out that the move would create significant disruption to the regulatory framework, impacting residents, industries, natural resources, and public investments.

The decision to rescind the 2009 Endangerment Finding could have significant implications for environmental regulations and public health initiatives across the nation. Residents concerned about climate change and air quality may see weakened environmental protections as a result of this regulatory shift. The Maryland Attorney General’s office has signaled its commitment to utilizing all available legal avenues to challenge this decision and uphold environmental protections.

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

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