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City of Cleveland Joins Legal Challenge to EPA Repeal of Greenhouse Gas Endangerment Finding

Monday, Mar 23, 2026

 
Cleveland joins coalition led by 24 states and 12 city/county governments to defend science-based climate protections, public health, and local fiscal resilience.
 
March 23, 2026 - Cleveland, OH - The City of Cleveland has joined a coalition challenging the U.S. Environmental Protection Agency’s repeal of the 2009 Greenhouse Gas Endangerment Finding and related greenhouse-gas standards for motor vehicles. Cleveland is joining a legal effort of 24 states and 12 cities and counties and seeks review in the U.S. Court of Appeals for the District of Columbia Circuit.
 
Cleveland is a national leader in the fight for climate action through its co-creation and implementation of science-based municipal, community and regional climate action plans. In his role as the co-chair of America Is All In, and as a Climate Mayor himself, Mayor Bibb is actively working among US elected leaders and national and international stakeholders to promote the adoption of modern technologies that bring affordability benefits to community members while also reducing greenhouse gas emissions.
 
The Endangerment Finding was issued in 2009 after the United States Supreme Court’s 5-4 decision in Massachusetts v. EPA in 2007 made clear that greenhouse gases are air pollutants under the Clean Air Act and required EPA to determine whether those emissions endanger public health and welfare. The evidence behind the finding has only strengthened in the past 16 years.
 
For Cleveland, the stakes are immediate and local. Since 2023, Cleveland has experienced a number of landmark climate change impacts, including its warmest year on record, its worst air pollution on record from wildfire smoke, an historical heat wave, the longest dry period on record, and the first tornado in over 30 years. According to the City’s Climate Risk and Vulnerability Assessment, climate hazards have already made it harder for 85% of residents to complete essential daily tasks. Weakening federal protections will only serve to increase the vulnerability of Cleveland’s local infrastructure, public health systems, emergency response, and household budgets. In comments opposing the repeal, the City estimated the action would impose nearly $1.5 billion in additional costs through 2050.
 
“Cleveland is joining this case because climate change is not theoretical, it is already affecting our residents’ pocketbooks through added health costs from worsening air quality, repeated storm and flooding damage costs, and increasing energy costs," said Mayor Justin M. Bibb. "As a Climate Mayor, I can attest that cities are on the front lines of addressing these issues.”
 
“Cleveland’s own work shows that extreme heat, flooding, poor air quality, and other climate impacts are already affecting our neighborhoods," said Sarah O’Keeffe, Director of Sustainability & Climate Justice. "Rescinding these standards would strip us of vital tools to protect our residents and jeopardize our ability to meet our long-term strategy and climate goals to revitalize our community.”
 
Key facts underlying the City’s action:
  • 2007: Massachusetts v. EPA held, by a 5-4 vote, that greenhouse gases are air pollutants under the Clean Air Act.
  • 2009: EPA issued the Greenhouse Gas Endangerment Finding.
  • February 12, 2026: EPA rescinded the Endangerment Finding.
  • February 18, 2026: the rescission was published in the Federal Register.
  • Coalition count in the draft litigation materials: 24 states and 10 cities/counties.
  • The City of Cleveland has a long-standing commitment to climate action and environmental justice, as outlined in the recent updates to its Cleveland Climate Action Plan and Municipal Climate Action Plan.
  • America Is All In is the largest coalition of climate leaders in the United States representing nearly two-thirds of the U.S. population and approximately three-quarters of U.S. GDP.
  • Climate Mayors represents nearly 350 U.S. mayors across 48 states and more than 70 million Americans.
 
The case is 26-1061 Commonwealth of Massachusetts, et al v. EPA, et al.
 
 
CONTACT:
Brittany Montgomery  
Public Information Officer, Mayor's Office of Sustainability 
P: 216.664.2455 | Bmontgomery@ClevelandOhio.gov