Markey, Massachusetts Delegation Warn of Climate Effects to the Commonwealth Following EPA’s Proposed Repeal of Landmark Endangerment Finding

2007 Massachusetts v. EPA case led to landmark endangerment finding, requiring EPA to protect the health and welfare of Massachusetts residents and communities nationwide from climate change

Letter Text (PDF)

Washington (September 17, 2025) - Senator Edward J. Markey (D-Mass.) and every member of the Massachusetts congressional delegation-Senator Elizabeth Warren (D-Mass.) and Representatives Richard Neal (MA-01), Jim McGovern (MA-02), Lori Trahan (MA-03), Jake Auchincloss (MA-04), Katherine Clark (MA-05), Seth Moulton (MA-06), Ayanna Pressley (MA-07), Stephen Lynch (MA-08), and Bill Keating (MA-09)-today wrote to Environmental Protection Agency (EPA) Administrator Lee Zeldin, urging the agency to halt its attack on the 2009 endangerment finding-the legal and regulatory foundation for climate protection in the United States.

In 2007, the Commonwealth of Massachusetts fought and won the landmark Supreme Court case Massachusetts v. EPA, which established unambiguously that greenhouse gases are air pollutants under the Clean Air Act. As a result of the Clean Air Act statutory language, the Supreme Court decision, and the scientific record, EPA issued its endangerment finding that confirmed greenhouse gases contribute to climate change and must be regulated as a result. The endangerment finding, which has been repeatedly upheld by court decisions, requires EPA to regulate greenhouse gas emissions from cars, power plants, and other sources.

In the letter, the lawmakers write, "There can be no reasonable dispute that climate change is real and consequential. Over the last year alone, the United States spent nearly $1 trillion on recovery from climate-related disasters, including Hurricanes Helene and Milton and the Los Angeles wildfires. Massachusetts has also faced increasingly severe weather. Hotter summers and more intense storms are straining infrastructure and putting residents at risk of public health emergencies. In just the last five years, Massachusetts has experienced 14 extreme weather events, each causing more than $1 billion in damages and totaling $121.8 billion; at least 271 lives were lost. Extreme heat is also a growing threat: between 1950 and 2013, Massachusetts averaged just 4 days per year above 90 degrees Fahrenheit-by 2050, that number is expected to rise to 25 days and to 55 days by 2090."

The lawmakers continue, "Rescinding the Endangerment Finding would dismantle the very safeguards that curb climate pollution and protect public health. By setting standards for vehicles, power plants, and aircrafts, the EPA fulfills its mission of protecting human health and the environment. Repealing the Endangerment Finding would go against Supreme Court precedent and congressional intent to regulate greenhouse gas emissions while stripping the EPA of its mandate, giving polluters a free pass to harm American families. For Massachusetts, this means more climate chaos, higher levels of pollution-especially in already overburdened communities-and greater economic and health costs."

The lawmakers conclude, "We urge you to uphold the Endangerment Finding and protect the health and welfare of Massachusetts residents and communities nationwide. Ignoring danger does not change the science and facts: pollution from fossil fuels is heating our planet, worsening extreme weather, and imposing devastating costs."

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