Fight in court to uphold state waivers and defend EPA’s authority.
Fund and coordinate legal work that defends Clean Air Act waiver authority against Congressional rollbacks and conflicting federal directives. Focus on strong plaintiffs, durable briefing, and a clear factual record that connects waiver authority to real public-health benefits. Litigation is slow, but it’s the primary path while lawsuits over the rescission and cease-and-desist efforts are underway.
Why this works
- A successful legal outcome (as California argues) would nullify Congress’s attempted repeal, reaffirming the Clean Air Act’s state empowerment.
- It sets a precedent blocking similar attacks and provides long-term certainty.
Natural Resources Defense Council
Tax-deductibleInternational environmental advocacy leveraging science, law, and policy to protect people and nature.
Mechanism
About LitigationHow Natural Resources Defense Council uses funding
- Screen claims and venues for standing and a clear legal theory focused on waiver authority.
- File or support cases challenging the rescission and related federal directives.
- Build the record through evidence, briefs, motions, and expert support that can hold up on appeal.
- Seek interim relief when needed to prevent rollbacks from taking effect while cases proceed.
- Coordinate amicus and state filings so arguments reinforce each other across jurisdictions.
- Track rulings, appeals, and compliance so outcomes translate into enforceable authority for states.
Milestones
Checkpoints and the expected timing for each step
- 1
Coalition litigation plan locked
0–30 daysRoles, target filings, and core arguments are aligned across partners and states.
- 2
First major briefs filed
1–3 months (next docket deadline)Briefs and supporting evidence are submitted on schedule.
- 3
Interim relief + procedural progress
3–9 monthsCourts grant interim relief or cases clear early motions and proceed.
- 4
Merits decision + enforcement clarity
9–24 monthsA ruling or settlement provides durable clarity on waiver authority.