Georgetown Law

States Take Sides in ‘Endangerment’ Court Fight


Thirty five states have asked a federal appeals court to become parties in a legal challenge that asks the U.S. Circuit Court of Appeals for the District of Columbia to review EPA’s “endangerment” finding. The finding cleared the way for the agency to regulate greenhouse gas emissions.

States that have asked to intervene on behalf of the EPA are Arizona, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.

States that have asked the court to intervene in opposition to the EPA are Alabama, Alaska, Florida, Hawaii, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and Virginia.

Below are links to some of the state requests to intervene, courtesy of Greenwire (subscription only):

States' Requests to Intervene
States Requests (PDF)
Pennsylvania DEP and Minnesota Link
Massachusetts, et al. Link
Alaska Link
Michigan Link
Nebraska, et al. Link
Texas Link
Virginia Link
Alabama Link