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STEVE MILLOY: Rescinding Key Obama EPA Finding May Prove Tougher Than Trump Admin Thought

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monday

This column has been cheering the Trump Environmental Protection Agency’s (EPA) decision to rescind the Obama EPA’s 2009 endangerment finding for greenhouse gas emissions. If successful it would end what President Trump calls the climate “hoax.”

But I differ with the Trump EPA over the process for doing so. Now, two new developments threaten to delay or even derail the Trump EPA.

The Trump EPA formally proposed to rescind the endangerment finding on Aug. 1. The proposal seeks public comments (due Sept. 15) on these two alternative rationales for rescinding the endangerment finding: (1) that the endangerment finding is illegal under recent Supreme Court decisions; and/or (2) that the Obama EPA improperly issued the endangerment finding by failing to follow proper rulemaking procedures, including failure to properly consider the relevant science.

In response, two radical greens groups filed a lawsuit on Aug. 12 to stop the rulemaking in the Democrat-friendly federal district court of Massachusetts. Greens somehow also convinced the taxpayer-funded National Academy of Sciences to do a surprise and rush review of the EPA’s proposal.

The lawsuit has no substantive merit and is just a nuisance filing. Yet it injects much unnecessary uncertainty into the inevitable legal wrangling over the rescission of the endangerment finding. Let’s look at the lawsuit first.

In April, President Trump issued an Executive order ordering the repeal of regulations made illegal by recent Supreme Court decisions. The endangerment finding

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