- Environmental Defense Fund and Union of Concerned Scientists filed suit against DOE and EPA, alleging violations of federal advisory committee law.
- Lawsuit challenges the legality and credibility of a DOE climate report used to justify repealing the EPA’s endangerment finding.
- Plaintiffs argue the report was authored in secret by climate science skeptics and “rife with errors.”
Lawsuit Targets DOE Climate Report
The US Department of Energy (DOE) is facing a federal lawsuit over its climate report that underpins the Environmental Protection Agency’s proposed repeal of the endangerment finding, the 2009 determination that provides the legal and scientific basis for regulating greenhouse gas emissions.
The Environmental Defense Fund (EDF) and the Union of Concerned Scientists filed the case on August 12 in the US District Court for the District of Massachusetts, accusing the DOE of violating the Federal Advisory Committee Act (FACA).
Claims of a “Secret” Climate Working Group
The lawsuit says the DOE’s July 29 report — which downplayed the risks of greenhouse gas emissions and disputed the scientific consensus on carbon dioxide’s warming effects — was developed by an “unaccountable” and “secret” climate working group.
“Federal law does not permit agencies to create or rely on such secret, unaccountable groups when engaged in policymaking,” the groups wrote. “Defendants did not disclose the Climate Working Group’s existence until months after it began working, and not a single meeting or record has been made public other than the group’s report.”
The plaintiffs argue the DOE and EPA further violated FACA by “stacking” the group with five scientists chosen for their skepticism of climate science, without including any voices aligned with mainstream scientific consensus.
Strong Rebuke from Scientists
Gretchen Goldman, president and CEO at the Union of Concerned Scientists, said:
“The public deserves transparent climate policy decisions informed by the best available science advice from the nation’s top experts. Yet, the process for this sham report, conducted in secret by five known climate deniers, lacked any sort of rigor and it shows in the shoddy final product rife with errors.”
DOE Secretary Chris Wright defended the selection, saying he chose the authors “for their rigor, honesty, and willingness to elevate the debate.”
EPA Administrator Lee Zeldin cited the report in his proposal to rescind the endangerment finding, a move that could strip the agency of its authority to regulate greenhouse gas emissions.
Relief Sought
The suit asks the court to bar the agencies from using the DOE study in any policymaking, including the EPA’s current proposal, and to halt deadlines for public comments on the rule.
The case names Wright, Zeldin, the DOE, and the EPA as defendants. An EPA spokesperson said the agency “does not comment on current or pending litigation,” while the DOE did not immediately respond.
The case is Environmental Defense Fund v. Wright (1:25-cv-12249).
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