Key Climate Finding on Greenhouse Gases Gets New Look on Appeal

Judges on the D.C. Circuit will hear oral arguments Friday on whether the EPA has to reconsider a foundational scientific finding that supports climate change regulations—although attorneys say that the challenge is unlikely to succeed.

At issue in the case is the Environmental Protection Agency’s refusal to reopen its 2009 endangerment finding, which says that certain greenhouse gases endanger the public health and welfare of current and future generations. Petitions to reconsider it were denied under the Obama, Trump, and Biden administrations.

Courts have rejected similar lawsuits for the past 10 years. But the latest challenge may present the opportunity ...