Legal Fight Over Greenhouse Gases to Test ‘Competing Realities’

The unraveling of a landmark greenhouse gas endangerment finding will inevitably draw a mountain of lawsuits if finalized, and the resulting legal proceedings will offer a look at how courts weigh the reversal of longstanding doctrine in a post-Loper Bright era.

The 2009 endangerment finding is backed by a trove of well-established and cited scientific evidence, and the Environmental Protection Agency’s competing rationales for its demise will be a test for courts now viewing cases without the lens of agency deference previously afforded under Chevron doctrine.

“By proposing to revoke its endangerment finding, EPA is embarking on a narrow ...