Endangerment Finding: Select legal resources
Date updated:
The 2009 Endangerment Finding is EPA's bedrock determination that climate pollution harms human health and welfare. It has supported commonsense safeguards to cut that pollution and has been affirmed in courts, including the U.S. Supreme Court, again and again.
In February 2026, the Trump EPA finalized a rule rescinding the Endangerment Finding and eliminating clean vehicle standards. EDF and other groups are challenging that rule in court.
View legal resources relating to the current challenge to EPA’s rescission of the Endangerment Finding and prior milestones below:
Challenge to the Trump EPA’s rescission of the Endangerment Finding - American Public Health Association (APHA) v. EPA
Motions to intervene in support of the Trump EPA
Petitions for review challenging Trump EPA rule
- American Public Health Association et al. – including EDF
- Elena Venner et al. (Our Children’s Trust)
- Zero Emission Transportation Association
- Metropolitan Congregations United for St. Louis and Missouri Coalition for the Environment
- Service Employees International Union
- Massachusetts et al.
Earlier materials
Petition for Rulemaking
Massachusetts v. EPA
- D.C. Circuit Decision (2005)
- Petitioners’ Supreme Court Brief (2006)
- Federal Respondent’s Supreme Court Brief (2006)
- Supreme Court Decision (2007)
Endangerment Finding
- Draft Technical Support Document for Endangerment Analysis for Greenhouse Gas Emissions Under the Clean Air Act (2008)
- Advance Notice of Proposed Rulemaking on Regulating Greenhouse Gas Emissions Under the Clean Air Act (2008)
- Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act (2009)
- Technical Support Document for Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act (2009)
- Final Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act (2009)
Coalition for Responsible Regulation (CRR) and Utility Air Regulatory Group (UARG) Litigation
Petitions for Reconsideration
- Arthur Randol – Petition for Reconsideration (2010)
- Chamber of Commerce of the United States of America – Petition for Reconsideration and for Stay Pending Reconsideration (2010)
- Coalition for Responsible Regulation et al. – Petition for Reconsideration (2010)
- Commonwealth of Virginia – Petition for Reconsideration (2010)
- Competitive Enterprise Institute et al. – Petition for Reconsideration (2010)
- Supplement to Competitive Enterprise Institute et al. – Petition for Reconsideration (2010)
- Ohio Coal Association – Petition for Reconsideration (2010)
- Supplement to Ohio Coal Association – Petition for Reconsideration (2010)
- Pacific Legal Foundation – Petition for Reconsideration (2010)
- Peabody Energy Company – Petition for Reconsideration (2010)
- Southeastern Legal Foundation et al. – Petition for Reconsideration (2010)
- Southeastern Legal Foundation et al. – First Amendment to Petition for Reconsideration (2010)
- Southeastern Legal Foundation et al. – Second Amendment to Petition for Reconsideration (2010)
- Southeastern Legal Foundation et al. – Third Amendment to Petition for Reconsideration (2010)
- Southeastern Legal Foundation et al. – Fourth Amendment to Petition for Reconsideration (2010)
- Southeastern Legal Foundation et al. – Fifth Amendment to Petition for Reconsideration (2010)
- State of Texas – Petition for Reconsideration (2010)
EPA’s Denial of Petitions
Petitioners’ Opening Briefs
- Opening Brief for State Petitioners Texas and Virginia on Denial of Reconsideration of the Endangerment Finding and of State Petitioners and Supporting State Intervenors on Endangerment Finding Delegation Issues (2011)
- Brief of Texas for State Petitioners and Supporting Intervenors (2011)
- Joint Opening Brief of Non-State Petitioners and Supporting Intervenors (2011)
Adverse Amicus Briefs
- Amici Curiae Brief from Atlantic Legal Foundation in D.C. Circuit (2011)
- EPA’s Brief in the D.C. Circuit (2011)
- Brief for State and Environmental Intervenors in Support of Respondents in D.C. Circuit (2011)
Reply Briefs
- Reply Brief for State Petitioners Texas and Virginia on Denial of Reconsideration of the Endangerment Finding (2011)
- Reply Brief of Texas for State Petitioners and Supporting Intervenors (2011)
- Joint Reply Brief of Non-State Petitioners and Supporting Intervenors (2011)
D.C. Circuit Decision
Cert Papers Relevant to Endangerment Issues
- Petition for a Writ of Certiorari to the D.C. Circuit By the Coalition for Responsible Regulation (2013)
- Petition for a Writ of Certiorari to the D.C. Circuit By the Chamber of Commerce, the State of Alaska, and the American Farm Bureau Federation (2013)
- Petitions for Writs of Certiorari-Consolidated Brief in Opposition of Environmental Organization Respondents (2013)
- Petitions for a Writ of Certiorari-Brief for the Federal Respondents in Opposition (2013)
- Petition for a Writ of Certiorari to the D.C. Circuit - Reply Brief for Petitioners (2013)
- Petition for a Writ of Certiorari to the D.C. Circuit - Reply Brief from the Chamber of Commerce, the State of Alaska, and the American Farm Bureau Federation (2013)
Supreme Court Denial of Certiorari for Petitions Challenging Endangerment Finding
Concerned Household Electricity Consumers Council Litigation
Petitions for Reconsideration
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Petition for Reconsideration of “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(A) of the Clean Air Act,” submitted on behalf of the Concerned Household Electricity Consumers Council (CHECC) (2017)
- First Supplement to Petition For Reconsideration of “Endangerment And Cause Or Contribute Findings For Greenhouse Gases Under Section 202(A) Of The Clean Air Act” of the Concerned Household Electricity Consumers Council (CHECC) (2017)
- Second Supplement to Petition For Reconsideration of “Endangerment And Cause Or Contribute Findings For Greenhouse Gases Under Section 202(A) Of The Clean Air Act” of the Concerned Household Electricity Consumers Council (CHECC) (2017)
- Third Supplement to Petition For Reconsideration of “Endangerment And Cause Or Contribute Findings For Greenhouse Gases Under Section 202(A) Of The Clean Air Act” of the Concerned Household Electricity Consumers Council (CHECC) (2017)
- Fourth Supplement to Petition For Reconsideration of “Endangerment And Cause Or Contribute Findings For Greenhouse Gases Under Section 202(A) Of The Clean Air Act” of the Concerned Household Electricity Consumers Council (CHECC) (2017)
- Fifth Supplement to Petition For Reconsideration of “Endangerment And Cause Or Contribute Findings For Greenhouse Gases Under Section 202(A) Of The Clean Air Act” of the Concerned Household Electricity Consumers Council (CHECC) (2017)
- Sixth Supplement to Petition For Reconsideration of “Endangerment And Cause Or Contribute Findings For Greenhouse Gases Under Section 202(A) Of The Clean Air Act” of the Concerned Household Electricity Consumers Council (CHECC) (2017)
- Seventh Supplement to Petition For Reconsideration of “Endangerment And Cause Or Contribute Findings For Greenhouse Gases Under Section 202(A) Of The Clean Air Act” of the Concerned Household Electricity Consumers Council (CHECC) (2017)
- Petition for Rulemaking on the Issue of Greenhouse Gases and Public Health and Welfare, submitted on behalf of the Competitive Enterprise Institute, the Science and Environmental Policy Project (2017)
- Petition to Reopen and Reconsider “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” filed by the FAIR Energy Foundation (2017)
- Petition to Reconsider Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act, 74 Fed. Reg. 66496 (December 15, 2009) Docket No. EPA-HQ-OAR-2009-0171; FRL-9091-8; RIN 2060-ZA14 (“Endangerment Finding”) (2017)
EPA’s Denial of Petitions
Litigation Documents
- Final Brief of Petitioners in D.C. Circuit (2022)
- Final Brief of Respondent (2022)
- Brief of Climate Change Scientists Christopher Field, Michael Oppenheimer, and Susan Solomon as Amici Curiae in Support of Respondent and Denial (2022)
- Brief of Public Interest Organizations as Respondent-Intervenors in D.C. Circuit (2023)
- Final Reply Brief of Petitioners in D.C. Circuit (2023)
- D.C. Circuit Order of Dismissal (2023)
- Petition for Writ of Certiorari by CHECC (2023)
- Supreme Court Denial of Certiorari (2023)
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Distinguished Counsel & Associate Vice President, Clean Air Strategies
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