CPR Initiative’s Citizens’ Climate Lawsuit

Background: On June 16, 2022, five climate experts and two public interest groups filed a far-reaching Petition to EPA to Phase Out Greenhouse Gas (GHG) Pollution to Restore a Stable and Healthy Climate. The Petition demands the phase out of continuing GHG emissions and removal of a substantial share of legacy GHG emissions.

In response to EPA’s September 14 denial, Petitioners filed a lawsuit in federal court under the citizens’ suit provision of the Toxic Substances Control Act (TSCA). A favorable ruling would have compelled EPA to begin rulemaking, including full public participation, aimed at phasing out and removing GHG pollution.

Plaintiffs in the case included renowned Climate Scientist James E. Hansen, former EPA Scientist Donn Viviani, distinguished Atmospheric Scientist John Birks, eminent Climate Accountability Expert Richard Heede, Forensic Psychiatrist and Climate and Mental Health Expert Lise Van Susteren, the New York-based non-profit Climate Science, Awareness and Solutions, Inc. (CSAC), and Climate Protection and Restoration Initiative (CPR Initiative).

In May of 2023, CPR Initiative and the US Department of Justice jointly moved to dismiss the case without prejudice. At this juncture, December 2023, we are fashioning an updated petition to phase out oil, gas and coal, and their GHG pollution pursuant to the same statute and other law.