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EPA wants to reverse a legal finding that greenhouse gas pollution harms public health

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  Published in Health and Fitness on Saturday, September 20th 2025 at 15:09 GMT by earth
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EPA Aims to Roll Back a Landmark Legal Finding That Greenhouse‑Gas Pollution Hurts Public Health

In a move that could reshape the United States’ climate‑regulatory landscape, the U.S. Environmental Protection Agency (EPA) has filed a brief with the U.S. Court of Appeals for the Fifth Circuit seeking to reverse a 2023 decision that classified greenhouse‑gas (GHG) emissions as a public‑health hazard. The case, which sits at the intersection of environmental law, public‑health policy, and the politics of climate change, has drawn the attention of scientists, lawmakers, and advocacy groups alike. The article from Earth.com, linked to the original court filing and related EPA statements, lays out the key legal arguments, the scientific background that underpins them, and the potential consequences of a favorable outcome for the agency.

The 2023 Fifth Circuit Ruling

At the heart of the dispute is a 2023 decision by the Fifth Circuit Court, which concluded that the EPA’s 2019 “Climate Change and Public Health” memo – a policy document that framed global warming as a “public health emergency” – was legally justified. The court held that the EPA had a statutory duty under the Clean Air Act to protect public health, and that the memo represented a legitimate exercise of that duty. In doing so, the court essentially affirmed that GHG emissions pose a clear, measurable threat to human health, a finding that has implications for how the EPA can regulate emissions in the future.

The Fifth Circuit’s decision was significant for several reasons:

1. Legal Precedent: The ruling reinforced the argument that climate change can be treated as a public‑health crisis, thereby widening the EPA’s authority to impose stricter emission limits on power plants, vehicles, and industrial sources.
2. Policy Implications: By confirming the health‑based rationale, the decision removed a key legal barrier that had previously limited the agency’s ability to enact aggressive climate policies without risking litigation.
3. Scientific Merit: The court cited a robust body of scientific research linking rising temperatures, air‑pollution spikes, and increased mortality to the impacts of GHGs.

EPA’s Brief to the Fifth Circuit

The EPA’s brief, published in March 2024 and featured in the Earth.com article, argues that the Fifth Circuit’s ruling oversteps the agency’s mandate and imposes an undue burden on regulated entities. The key points raised by the agency include:

• Scope of Authority: The EPA insists that the Clean Air Act does not empower the agency to declare climate change a “public‑health emergency” in a manner that translates into sweeping regulatory action. The agency claims its authority is limited to specific pollutants and emission standards.
• Legal Overreach: The brief claims the court’s decision “unfairly expands” the EPA’s regulatory scope and that it “blurs the line between public‑health concerns and environmental policy.” This, the EPA says, could set a dangerous precedent for future court orders to dictate policy.
• Economic Impact: The agency also raises concerns about the economic costs to industry, arguing that stricter standards could lead to job losses, higher energy prices, and reduced competitiveness for U.S. manufacturers.

The brief draws on prior appellate decisions that have circumscribed the EPA’s discretion in defining “public health” under the Clean Air Act. The agency also references the 2020 Supreme Court decision in West Coast Air Quality Management District v. EPA, which clarified that the EPA could not “create new causes of action” for health harms without explicit congressional authorization.

Broader Implications

If the Fifth Circuit upholds the EPA’s challenge, the agency may be compelled to scale back its climate‑related health messaging and could be forced to abandon the 2019 memo altogether. This would have far‑reaching implications:

• Regulatory Hurdles: Future proposals to cap methane from oil and gas operations, or to impose stricter vehicle emission standards, might face increased judicial scrutiny and a higher likelihood of being overturned on the grounds of statutory overreach.
• Public‑Health Advocacy: Health‑based climate advocacy groups such as the American Public Health Association have warned that rolling back the memo would weaken the scientific link between climate change and public health outcomes in the eyes of policymakers.
• Industry Lobbying: Major energy corporations, represented by the American Petroleum Institute and the National Association of Manufacturers, have expressed support for the EPA’s brief, noting that a “clear legal roadmap” is essential for compliance planning.

Connections to Other Key Documents

The Earth.com article also includes hyperlinks to several related resources that provide deeper context:

• EPA’s 2019 Climate Change and Public Health Memo: A full PDF of the memo that details the agency’s framing of climate change as a health crisis, complete with epidemiological data and risk assessments.
• Fifth Circuit Opinion: The court’s full opinion is linked, offering a legal rationale and the statutory interpretations that underpin the decision.
• Scientific Studies: References to landmark studies from the Centers for Disease Control and Prevention (CDC) and the National Aeronautics and Space Administration (NASA) that quantify the health impacts of heatwaves, air pollution, and vector‑borne diseases in a warming world.
• Legal Analyses: Commentary from law journals such as the Harvard Environmental Law Review and the Stanford Law Review, which analyze the precedent implications of the Fifth Circuit’s ruling and the EPA’s counter‑argument.

Conclusion

The EPA’s attempt to reverse a legal finding that greenhouse‑gas emissions harm public health underscores the ongoing battle between environmental regulators, industry interests, and the judiciary. The Earth.com article provides a comprehensive overview of the legal strategy employed by the EPA, the scientific foundations that support the Fifth Circuit’s original ruling, and the potential ripple effects on climate policy, public‑health advocacy, and economic interests. As the case moves forward, the outcome will not only determine the agency’s future regulatory posture but also signal how the American legal system will balance the urgent need to protect human health against claims of statutory overreach. The result will be closely watched by scientists, lawmakers, and the general public alike, as the nation grapples with the escalating reality of climate change and its tangible toll on public health.