Trump's revocation of climate rule opens wave of litigation in the USA
The Trump administration's repeal of an Obama-era regulation regarding greenhouse gases may lead to a resurgence of public nuisance lawsuits in the United States.
The Trump administration's decision to roll back a scientific determination from the Obama era that classified greenhouse gases as a public health threat poses significant implications for environmental regulation in the United States. This change could pave the way for a new wave of lawsuits against power companies and other businesses. Legal experts suggest that the repeal could initiate a resurgence of 'public nuisance' actions, which were previously curtailed after a 2011 Supreme Court ruling that passed the responsibility for greenhouse gas regulation to the Environmental Protection Agency (EPA), rather than leaving it open to litigation in courts.
With the EPA stepping back from its regulatory role, the legal protections established by the 2011 Supreme Court ruling are likely to diminish. Legal specialists warn that this could lead to an increase in lawsuits targeting companies for their emissions, as the threshold for holding them accountable may now be lower. The potential for such litigation raises concerns about how the energy sector and other industries will adapt to these legal changes and the possible ramifications for public health and environmental policy.
Robert Percival, a professor of environmental law, highlights that this scenario may serve as a significant example of governmental overreach during the Trump administration coming back to haunt him, indicating the complexities and unforeseen consequences that can arise from drastic policy shifts. As these legal battles unfold, they will be closely watched not only for their impact on individual companies but also for their broader implications on environmental legislation and public health standards in the U.S.