First Climate RICO Filed + James Hansen Sues EPA

Climate Lawsuits and the Toxic Substances Control Act

In November, a civil suit was filed to compel the EPA to use the Toxic Substances Control Act (TSCA) to regulate greenhouse gas emissions. The suit argues that CO2 and methane, the main greenhouse gases, pose an unreasonable risk to health and the environment and should be regulated under TSCA. The EPA's rejection of the petition is criticized for not acknowledging the magnitude of the risk and relying on other measures, such as the Inflation Reduction Act, that fall short of addressing the problem effectively. The lawsuit seeks a court determination that greenhouse gases present an unreasonable risk and urges the EPA to open a rulemaking process to eliminate this risk.

The First-Ever Climate Rico Case

Another major climate litigation development is the filing of a climate Rico case. The case alleges that major oil companies, trade associations, and think tanks conspired to mislead the public on climate change, resulting in damages, particularly to the 16 municipalities in Puerto Rico affected by Hurricane Maria and facing increased hurricane risks. The case draws on parallels with the opioid litigation in Puerto Rico, where municipalities filed a class action suit. Filed by Milberg, the case brings forth allegations of consumer fraud, racketeering, antitrust, and other claims, seeking to hold the defendants accountable for the impacts of climate change.

Challenges to EPA's Inaction on Greenhouse Gas Regulation

Scientists and activists, including NASA scientist James Hansen, filed a petition to the EPA urging them to regulate greenhouse gas emissions under TSCA. The rejected petition argued that greenhouse gases, primarily from fossil fuels, pose an unreasonable risk to health and the environment. The lawsuit challenges the EPA's assertions that existing measures, such as the Inflation Reduction Act, are sufficient. It emphasizes the need for the EPA to take more decisive action to phase out fossil fuel emissions and address the accumulated emissions that drive current climate change. The lawsuit seeks a court ruling that would compel the EPA to open a rulemaking process to address the unreasonable risk presented by greenhouse gases.

Importance of Using TSCA in Climate Regulation

TSCA provides a critical legal tool to address climate change and regulate greenhouse gas emissions. Drawing on past successes in regulating chemicals like CFCs to protect public health and the environment, TSCA can be an effective means to phase out fossil fuel emissions and reduce the risk of climate change. The EPA's rejection of petitions and reluctance to use TSCA is seen as a missed opportunity to enforce chemical safety and hold polluters accountable. The ongoing lawsuits highlight the need for the EPA to prioritize climate action and engage in rulemaking processes to confront the unreasonable risks posed by greenhouse gases.

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First Climate RICO Filed + James Hansen Sues EPA

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Deep dives

Climate Lawsuits and the Toxic Substances Control Act

The First-Ever Climate Rico Case

Challenges to EPA's Inaction on Greenhouse Gas Regulation

Importance of Using TSCA in Climate Regulation

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