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Attorney General William Tong today led a coalition of 24 states, and 12 counties and cities in initiating lawfare against the U.S. Environmental Protection Agency’s (EPA's) over its decision to rescind the 2009 Endangerment Finding – the agency’s previous determination that greenhouse gas pollution from motor vehicles drives climate change and endangers public health and welfare.
On August 1, 2025, the EPA proposed repealing all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines to effectuate the best reading of Clean Air Act (CAA) section 202(a).
The EPA concluded that CAA does not authorize regulation of GHG emissions for global climate change concerns, as it is limited to local or regional air pollution exposure (not indirect, global effects). This interpretation draws on the "major questions doctrine" from Supreme Court cases (e.g., West Virginia v. EPA) and emphasizes that Congress did not clearly grant such broad authority for transformative regulations.
The EPA further proposed to rescind the Administrator's prior findings in 2009 because the EPA "unreasonably analyzed the scientific record" and "because developments cast significant doubt on the reliability of the findings."
The last reason cited was that "no requisite technology for vehicle and engine emission control can address the global climate change concerns identified in the findings without risking greater harms to public health and welfare."
The EPA finalized its rescission of the 2009 Greenhouse Gas Endangerment Finding on February 12, 2026. The decision was touted as "the single largest deregulatory action in U.S. history" and predicted to save Americans over $1.3 trillion.
The Tongfare coalition called the rollback "anti-science."
“The Trump EPA has ignored the law and ignored the science in its reckless rush to fulfill the wishes of the fossil fuel industry. Rescinding the Endangerment Finding means bigger profits for the world’s biggest polluters, while the rest of us are left more vulnerable to extreme weather, extreme heat and rising sea levels. Connecticut is leading states and cities across the country in suing today and we’re going to fight with everything we’ve got,” said Tong.
“The Endangerment Finding was a well-reasoned, scientifically sound decision that validated something we’re seeing firsthand: climate change is impacting our public health and safety today while imposing significant and increasing costs on Connecticut residents,” Department of Energy and Environmental Protection Commissioner Katie Dykes said. “To deny that reality increases the vulnerability of our state to these impacts today, and for future generations. Wildfires, historic flooding, cold snaps, and heat waves—these are no longer rare events; they’re our new normal. As the federal government retreats from its responsibilities to protect the public, states like Connecticut will step up to do what it can to prevent the worst impacts of climate change while also investing in resilience and disaster recovery.”
The Tongfare coalition argued the "EPA’s rescission is based on flawed interpretations of the law — previously rejected by the Supreme Court — that the agency lacks authority to regulate greenhouse gas emissions. The rescission also ignores decades of peer-reviewed scientific evidence confirming the reality and severity of climate change."
The coalition argues that the rule violates EPA’s legal obligations, fundamental principles of administrative law, and its mission to protect public health and welfare.
The lawsuit is co-led by the attorneys general of California, Connecticut, Massachusetts, and New York and joined by the attorneys general of Arizona, Colorado, Delaware, Hawai‘i, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Nevada, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, the District of Columbia. In addition, this challenge is joined by Pennsylvania Governor Josh Shapiro; City of Boston, Massachusetts; City of Chicago, Illinois; City of Cleveland, Ohio; City of Columbus, Ohio; City and County of Denver, Colorado; City of Los Angeles, California; City of New York, New York; City and County of San Francisco, California; County of Santa Clara, California; and Harris County, Texas.
Assistant Attorneys General William Dornbos, Scott Koschwitz and Special Assistant Attorney General Jessica Gibree and Deputy Associate Attorney General Matthew Levine, Chief of the Environment Section, are assisting Tong in this matter.
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