By Abhirup Roy and Peter Henderson
SAN FRANCISCO, Feb 17 (Reuters) – California and Connecticut are working together on a multi-state “plan of attack” against President Donald Trump’s repeal of the foundation of federal climate regulation of vehicles, the states’ attorneys general told Reuters on Tuesday.
In what Trump has said was the country’s “biggest deregulatory action,” the Environmental Protection Agency last week rescinded the “endangerment finding” that said greenhouse gas emissions from vehicles endanger public health.
“We’re going to take action,” Connecticut Attorney General William Tong said in an interview, describing efforts to work out standing, claims and other elements of a suit. “We’re putting together our best possible plan of attack.”
The EPA has used the endangerment finding as the basis for regulating power plants, automakers, and oil and gas operations. Transport and power account for about half of U.S. greenhouse gas emissions.
Legal experts have also said the move could lead to a surge in lawsuits known as “public nuisance” actions, a pathway that had been blocked following a 2011 Supreme Court ruling that regulation of greenhouse gas emissions should be left in the hands of the EPA instead of the courts.
California Attorney General Rob Bonta said in the interview that the states were “looking at the facts and law to challenge the original action.”
The attorneys general did not provide a timeline although Bonta indicated they would not delay.
“We’re not going to bring a lawsuit in six months. The temporal nexus to the action is important. But getting it right and making sure everything’s tight is important too.”
(Reporting by Abhirup Roy and Peter Henderson in San Francisco; Editing by Stephen Coates)
