Endangerment Repeal is Irrelevant to NY Superfund Suit, DOJ Says

The EPA’s repeal of the endangerment finding doesn’t negate the federal government’s argument in its lawsuit challenging New York’s climate superfund law, the Justice Department told a federal court.

In a brief filed Tuesday, the Department of Justice said the Environmental Protection Agency’s February repeal of the endangerment finding “changes nothing about this case,” and that New York’s law requiring polluters to pay for past greenhouse gas emissions “still flouts constitutional limits,” goes beyond state authority related to separation of powers, violates the Commerce Clause, and wrongly “interferes” in foreign affairs.

“Interstate air pollution is such a controversy, which is ...