The endangerment finding rollback is the centerpiece of President Trump’s energy agenda. So why is the Department of Justice filing a brief that contradicts the administration’s own position?
Jenny Beth Martin sits down with attorney Steve Milloy, senior fellow at the Energy and Environmental Legal Institute, to expose a contradiction buried inside the Justice Department’s brief in Suncor Trust v. Boulder County. The brief correctly argues that climate is a federal issue states are preempted from regulating, then turns around and calls the EPA the primary regulator of greenhouse gases, exactly the authority the Trump EPA rescinded when it rolled back the 2009 endangerment finding.
Milloy, an attorney, explains why this is not a small drafting error: there is ongoing litigation over the endangerment finding, the other side can use this brief against the administration, and the deputy solicitor general is now managing the case with no political appointee overseeing the career lawyers in the Environment and Natural Resources Division. His prescription is blunt: pull the brief, make clear to the court it does not reflect the administration’s position, and hold the responsible attorneys accountable.
Make your voice heard. Call the Capitol switchboard at 202-224-3121 and tell the Senate Judiciary Committee to get answers from the Department of Justice. Learn more at jennybethshow.com and teapartypatriots.org.
00:00 — The brief’s big “but”
00:13 — EPA named the primary regulator of greenhouse gases
00:53 — Two opposite positions from one Justice Department
01:27 — Why Jenny Beth calls it a contradiction
03:47 — Pull the brief and nullify it
04:48 — Hold the attorneys accountable
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