Republican AGs cheer bid to repeal endangerment finding

By Lesley Clark | 09/24/2025 06:24 AM EDT

Twenty-six Republican attorneys general argue that EPA got it wrong in 2009 when it found that it could regulate greenhouse gas emissions.

West Virginia Attorney General J.B. McCuskey speaks to reporters.

West Virginia Attorney General J.B. McCuskey said prosperity will be "built with the carbon fuels beneath our feet." John Raby/AP

A coalition of Republican-led states is applauding EPA’s efforts to repeal the 2009 endangerment finding that underpins U.S. climate action.

In a public letter led by West Virginia Attorney General J.B. McCuskey and Kentucky Attorney General Russell Coleman, the 26 states make legal, scientific and economic arguments for revoking the scientific finding that gives EPA its authority to regulate greenhouse gases.

Doing so, they say, would be an “important step to freeing American industry from burdensome, unlawful regulations.”

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The attorneys general argue that the finding by the Obama-era EPA was illegal because it ran afoul of the major questions doctrine, the legal theory which holds that Congress has to explicitly delegate authority to an agency.

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