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AG Nessel Issues Statement Condemning the Illegal Recission of EPA’s Landmark 2009 Greenhouse Gas Endangerment Finding

LANSING — Michigan Attorney General Dana Nessel today issued the following statement in response to the U.S. Environmental Protection Agency’s (EPA) final rule rescinding the 2009 Endangerment Finding, which determined that greenhouse gas emissions from motor vehicles contribute to air pollution that drives climate change and endangers public health and welfare.

“With this disappointing rescission, the federal government is ignoring its own scientific findings and abandoning its clear responsibility to address greenhouse gas pollution,” said Attorney General Nessel. “By walking away from that duty, it is putting the physical safety and economic well-being of our communities and residents at very real risk. In rushing to finalize a rule that is legally flawed, scientifically indefensible, and defies common sense, the EPA has strayed from its mission to protect the public health and has now chosen to side with billion-dollar fossil fuel companies over the people it is meant to serve.”

The 2009 Endangerment Finding was the direct result of the landmark 2007 Supreme Court decision in Massachusetts v. EPA (PDF), which confirmed EPA’s authority under the Clean Air Act to regulate greenhouse gas emissions that threaten public health and welfare. In response to that opinion and after years of scientific review, EPA confirmed in 2009 that greenhouse gas emissions from motor vehicles contribute to air pollution that harms public health and welfare in numerous ways. The agency then set standards to limit motor vehicle greenhouse gas emissions. 

EPA’s rescission of the Endangerment Finding rests on the flawed assertion—soundly rejected by the Supreme Court—that it lacks legal authority to regulate greenhouse gas emissions and ignores longstanding scientific evidence that greenhouse gases endanger public health and welfare. The rule eliminates all existing and future federal greenhouse gas standards for vehicles, violating the agency’s legal obligations and fundamental responsibility to protect public health and welfare from environmental harm. 

In August 2025, following the Trump Administration’s initial proposal to repeal the Endangerment Finding, Attorney General Nessel testified before the EPA, highlighting the illegality of the proposed rescission, the agency’s reliance on flawed and unscientific sources to deny climate change, and its failure to acknowledge climate impacts on everyday life. In the fall of 2025, she joined a coalition of 23 attorneys general and seven counties and cities in submitting two comment letters urging the EPA to abandon the proposal, arguing that it violates settled law, clear Supreme Court precedent and scientific consensus, endangers hundreds of millions of Americans—particularly communities disproportionately burdened by environmental harms—and causes unprecedented disruption to the regulatory landscape with catastrophic consequences for residents, industries, natural resources, and public investments.

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