Legal Unraveling: Trump's Deregulatory Move Opens Wave of Climate Lawsuits

The Trump administration's decision to repeal a crucial Obama-era scientific finding regarding greenhouse gases could trigger a new wave of litigation against power companies and other industries. This reversal opens the door for lawsuits known as 'public nuisance' actions, a legal avenue blocked by the Supreme Court in 2011 when it decided that the regulation of greenhouse gas emissions should be left to the Environmental Protection Agency (EPA) rather than the courts.

With the EPA stepping back from its regulatory role, the legal protection established by the 2011 ruling is likely to dissolve, according to legal experts. This situation may represent a classic case of administrative overreach backfiring, said Robert Percival, a University of Maryland environmental law professor. The planned repeal this week concerns the 2009 endangerment finding, which has been the keystone for federal climate regulations under the Clean Air Act.

Power companies, while generally supportive of President Trump's deregulatory policies, have voiced concerns over the potential for increased litigation resulting from this change. The Edison Electric Institute highlighted potential legal conflicts engendered by the repeal, while environmental advocates view public nuisance lawsuits as a means to hold emitters accountable. The Supreme Court's past decision allowed power companies to evade federal lawsuits, but this policy reversal may reignite these legal challenges.