The EPA’s endangerment finding is under threat, risking major climate setbacks. Meanwhile, activists worldwide are turning to the courts to hold governments accountable. Is litigation the future of climate action?

The Fight for Climate Accountability: Activists, Lawsuits, and a Threat to a Foundational Regulation

For over a decade, the U.S. Environmental Protection Agency (EPA)’s endangerment finding has been a key pillar of climate policy. This 2009 regulation legally requires the U.S. government to limit greenhouse gas emissions because they pose a direct threat to public health. Now, this critical rule is under threat, raising serious concerns about the future of climate action in the U.S.

At the same time, environmental activists around the world are turning to the courts to hold governments accountable. In Ireland, lawsuits are being filed to challenge weak climate policies, reflecting a growing global movement using legal systems as a tool for environmental justice.

With legal battles intensifying and potential regulatory rollbacks on the horizon, the question remains: Is the courtroom becoming the final battleground for climate action?

The Threat to the EPA’s Endangerment Finding

The endangerment finding was established after a landmark Supreme Court decision in 2007, which recognized that carbon dioxide and other greenhouse gases are pollutants under the Clean Air Act. This ruling forced the EPA to determine whether these emissions endanger public health—and in 2009, the agency concluded they do. This finding laid the foundation for emission regulations on power plants, vehicles, and industrial sectors.

Now, the current administration is considering a rollback of this critical rule, which would eliminate the federal government’s legal responsibility to regulate carbon emissions. But undoing the endangerment finding is no easy task. It is supported by overwhelming scientific evidence and upheld by multiple court rulings. To justify its repeal, policymakers would have to disprove the dangers of greenhouse gases—an argument that directly contradicts decades of research.

If the rollback succeeds, it could cripple future climate regulations, making it harder to enforce emission limits and undermining international climate commitments. It would be a major victory for polluting industries but a devastating setback for environmental protection.

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Activists Take the Fight to Court

As policymakers weaken environmental protections, activists and advocacy groups are increasingly turning to legal action. In Ireland, organizations such as Community Law & Mediation are challenging the government’s climate action plan, arguing that it fails to meet legal standards. Similarly, Friends of the Irish Environment has filed a case against the 2023 climate plan, citing inadequate measures to curb emissions.

These lawsuits are part of a global trend. From the Netherlands to Colombia, courts are playing an increasingly important role in forcing governments to uphold climate commitments. In some cases, egal victories have led to stronger environmental policies, proving that litigation can be an effective tool for climate advocacy.

But legal battles are expensive and time-consuming. Even when courts rule in favor of climate action, enforcement remains a challenge. Governments and corporations often delay compliance, creating loopholes to avoid real change.

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What’s at Stake?

If the U.S. government successfully weakens the endangerment finding, it could set a dangerous precedent for climate policy worldwide. Other countries might follow suit, using the decision as justification to roll back their own climate regulations.

On the other hand, the rise of climate litigation shows that activists are not backing down. The courtroom is emerging as a powerful arena for environmental justice, where science and law intersect to challenge government inaction.

So, the battle lines are drawn: Will policymakers dismantle climate protections, or will legal challenges force them to act? The outcome of these fights will shape the future of environmental governance—and determine whether we have the tools to combat climate change effectively.

What Can You Do?

Stay informed: Follow legal developments in climate policy.

Support environmental organizations: Many groups rely on public donations to fund lawsuits.

Advocate for strong policies: Push for climate action at local, national, and international levels.

As regulations face threats and lawsuits continue, one thing is clear: the fight for climate accountability is far from over.