Former Officials Doubt EPA Can Preserve Preemption Without GHG Finding

Two former Biden administration officials are asserting that courts will not allow EPA to simultaneously argue it lacks a legal basis to regulate greenhouse gases, but that the Clean Air Act would still preempt both common law climate suits and state vehicle emissions programs. The critiques underscore a debate over whether EPA’s high-stakes push to undo its GHG endangerment finding and related vehicle GHG rules could open new paths to advancing climate nuisance claims and state vehicle emissions limits --...