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City Of Chicago Challenges Unlawful Rescission of Landmark 2009 Greenhouse Gas Endangerment Finding

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CHICAGO — The City of Chicago yesterday joined a coalition of 24 states, the District of Columbia, the U.S. Virgin Islands, and 12 cities and counties to challenge the U.S. Environmental Protection Agency's unlawful attempt to rescind its 2009 Endangerment Finding—the agency's seminal determination that greenhouse gas pollution from motor vehicles drives climate change and endangers public health and welfare.

"Even when science is being challenged and our safety is threatened by the Trump administration, Chicago continues to fight to protect our residents," said Mayor Brandon Johnson. "By filing this petition, we are taking steps to uphold that commitment to Chicagoans. We are ready and willing to do what it takes to protect every community, especially our Black and Brown communities, which are the most vulnerable to climate change. We will continue to fight side by side with our fellow cities, counties, and states to ensure continued access to clean air."

The 2009 Endangerment Finding was the direct result of the landmark 2007 Supreme Court decision in Massachusetts v. EPA, which confirmed that the Clean Air Act authorizes EPA to regulate greenhouse gas emissions that endanger public health and welfare. Based on years of rigorous scientific analysis and review, EPA in 2009 determined that emissions from motor vehicles contribute to air pollution that harms public health and welfare. EPA then set federal standards, which have led to significant reductions in motor vehicle greenhouse gas emissions.

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Now, almost two decades later, EPA has rushed a rulemaking process to rescind the Endangerment Finding and repeal all motor vehicle greenhouse gas standards, blatantly disregarding the law and science. EPA's rescission is based on flawed interpretations of the law—previously rejected by the Supreme Court—that the agency lacks authority to regulate greenhouse gas emissions.

The rescission also ignores decades of peer-reviewed scientific evidence confirming the reality and severity of climate change. By eliminating all existing and future federal motor vehicle greenhouse gas emission standards, the rule violates EPA's legal obligations, fundamental principles of administrative law, and the agency's mission to protect public health and welfare.

Today's lawsuit is the latest action taken by the City of Chicago and the coalition in their ongoing effort to fight back against EPA's unlawful rescission of the 2009 Endangerment Finding.

Chicago joined a coalition of 23 attorneys general and seven counties and cities in submitting two comment letters (endangerment finding comment; motor vehicles comment) urging EPA to abandon the proposal, arguing that it would violate settled law, clear Supreme Court precedent, and scientific consensus, endanger hundreds of millions of Americans—particularly communities disproportionately burdened by environmental harms—and cause unprecedented disruption to the regulatory landscape with catastrophic consequences for residents, industries, natural resources, and public investments.

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To date, the City's Law Department has participated in more than 60 legal actions against the Trump administration, including 12 lawsuits and more than 35 amicus briefs rebuking harmful federal action. These legal actions have pushed back against the withholding of SNAP benefits, attempts to end birthright citizenship and DEI programs, restrictions on transgender rights, and more.

Filed Under: Government, City
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