A three-judge D.C. Circuit panel threw out their consolidated lawsuits in May, finding the groups had provided"no evidence" that they or their members had been harmed directly by the finding.
David Wallace, the president of the FAIR Energy Foundation, said the groups are reviewing the decision and are considering an appeal to the U.S. Supreme Court.The EPA’s endangerment finding was finalized in 2009, and determined that six greenhouse gasses, including carbon dioxide and methane, pose a danger to human health.
Courts have rejected previous attempts to challenge the endangerment finding. The current challenge claims the finding is based on faulty science and that the EPA's refusal to reconsider it was arbitrary. The EPA has said the finding is based on sound science, and well within its authority under the nation's clean air law.
The cases are Concerned Household Electricity Consumer's Council et al. v. EPA and FAIR Energy Foundation v. EPA, in the U.S. Court of Appeals for the District of Columbia Circuit, case Nos. 22-1139 and 22-1140.
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