Amicus Curiae Brief — West Virginia, et al., Petitioners v. Environmental Protection Agency, et al.

Supreme Court briefJan 25, 2022

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Nos. 20-1530, 20-1531, 20-1778, 20-1780

IN THE

Supreme Court of the United States

__________________

WEST VIRGINIA, ET AL., Petitioners,

V.

ENVIRONMENTAL PROTECTION AGENCY, ET AL., Respondents,

THE NORTH AMERICAN COAL CORPORATION, Petitioners,

V.

ENVIRONMENTAL PROTECTION AGENCY, ET AL., Respondents,

WESTMORELAND MINING HOLDINGS LLC, Petitioner,

V.

ENVIRONMENTAL PROTECTION AGENCY, ET AL., Respondents,

NORTH DAKOTA, Petitioner,

V.

ENVIRONMENTAL PROTECTION AGENCY, ET AL., Respondents.

__________________

On Writs of Certiorari to the United States Court

of Appeals for the District of Columbia Circuit

__________________

BRIEF FOR THE NATIONAL PARKS

CONSERVATION ASSOCIATION AS AMICUS

CURIAE IN SUPPORT OF RESPONDENTS

__________________

PAUL KOSTER

Counsel of Record

EMORY LAW SCHOOL

SUPREME COURT ADVOCACY PROGRAM

1301 Clifton Road

Atlanta, GA 30322

(404) 727-3957

paul.koster@emory.edu

STEPHANIE KODISH

NATIONAL PARKS

CONSERVATION ASSOCIATION

777 6th Street NW

Washington, DC 20001

(865) 964-1774

skodish@npca.org

Counsel for Amicus Curiae

January 25, 2022

i

TABLE OF CONTENTS

TABLE OF CONTENTS ......................................................i

TABLE OF AUTHORITIES................................................iii

INTERESTS OF AMICUS CURIAE.......................................1

INTRODUCTION AND SUMMARY OF ARGUMENT...............2

ARGUMENT.....................................................................3

I.

The Clean Air Act’s text unequivocally

authorizes the EPA to regulate GHG emissions

from power plants and protect the National

Park System.......................................................3

A. The EPA is unequivocally authorized to

regulate GHG pollution from power

plants............................................................4

B. The Clean Air Act entrusts the EPA to

protect U.S. national parks..........................6

II.

The devastating effects of climate change

are already significant and, if left

unchecked, will have catastrophic

repercussions across the National Park

System and its stakeholders.............................8

A. Climate change has forced glaciers in the

northernmost national parks to retreat to

the verge of permanent disappearance and

has devastating consequences on the

communities and biodiversity in these

regions...........................................................9

ii

B. Rising sea levels resulting from humancaused climate change threaten lowlatitude and coastal national parks..........13

C. Wildfires pose a significant threat to the

western U.S., home to many national

parks...........................................................16

III.

Damage to the National Park System from

climate change also brings significant harm to

the U.S. economy and the interests of various

stakeholders.....................................................21

CONCLUSION ...............................................................25

iii

TABLE OF AUTHORITIES

STATUTES

42 U.S.C. § 7401...........................................................4

42 U.S.C. § 7408(a)(1)(A)..............................................6

42 U.S.C. § 7411(a)(1)...................................................5

42 U.S.C. § 7411(b)(1)(A)..............................................4

42 U.S.C. § 7411(b)(1)(B)..............................................5

42 U.S.C. § 7411(d)(1)…...............................................5

42 U.S.C. § 7411(d)(2)…...............................................5

42 U.S.C. § 7411(f)(2)(B)..............................................4

42 U.S.C. § 7470(2).......................................................6

42 U.S.C. § 7472...........................................................6

42 U.S.C. § 7474...........................................................6

42 U.S.C. § 7491...........................................................6

42 U.S.C. § 7521(a)(1)...................................................6

42 U.S.C. § 7671(n).......................................................6

CASES

Am. Elec. Power Co. v. Connecticut,

564 U.S. 410 (2011)..............................................4–5

OTHER MATERIALS

About Us, CAMP WAWONA,

https://perma.cc/Q4DJ-VBCK...............................20

iv

Air Quality and Climate Change Research,

U.S. ENV’T PROT. AGENCY,

https://www.epa.gov/air-research/

air-quality-and-climate-change-research………..20

Alex Rudee, Yosemite’s Dirty Air Secret,

NAT’L PARKS CONSERVATION ASS’N

(Sept. 19, 2017), https://perma.cc/G4PT-MQTG...20

Alfredo Rivera et al., Preliminary US Greenhouse

Gas Emissions Estimates for 2021,

RHODIUM GROUP (Jan. 10, 2022),

https://rhg.com/research/preliminary-usemissions-2021/.......................................................2

Alicia Victoria Lozano, Wildfire Near

Rocky Mountain National Park Fully

Contained at 147 Acres, MSN (Nov. 20, 2021),

https://www.msn.com/en-us/news/us/

wildfire-near-rocky-mountainnational-park-fully-containedat-147-acres/ar-AAQX2Uk…………………….......24

Amelia Josephson, The Economics of

National Parks, SMARTASSET (Mar. 18, 2021),

https://smartasset.com/taxes/theeconomics-of-national-parks...........................21, 23

Andrew Giambrone, Famed D.C. Cherry

Blossoms Face Long-Term Risks from

High Tides, CURBED D.C. (Apr. 4, 2019),

https://perma.cc/WCY8-5JZW.............................15

v

BENJAMIN DEANGELO ET AL., U.S. ENVTL.

PROT. AGENCY, TECHNICAL SUPPORT DOCUMENT

FOR ENDANGERMENT AND CAUSE OR CONTRIBUTE

FINDINGS FOR GREENHOUSE GASES UNDER

SECTION 202(A) OF THE CLEAN AIR ACT

(2009), https://perma.cc/J538-7EX7.....................18

B. F. Molnia, Late Nineteenth to Early

Twenty-First Century Behavior of

Alaskan Glaciers as Indicators of

Changing Regional Climate,

56 GLOB. AND PLANETARY CHANGE 23 (2007).......10

Billion-Dollar Weather and Climate Disasters,

NAT’L CTR. FOR ENV’T INFO.,

https://www.ncdc.noaa.gov/billions/.....................22

Camille S. Stevens‐Rumann et al.,

Evidence for Declining Forest Resilience

to Wildfires under Climate Change,

21 ECOLOGY LETTERS 243 (2018)…………............18

CATHERINE CULLINANE THOMAS & LYNNE KOONTZ,

NATURAL RESOURCE REP. 2021/2259,

2020 NATIONAL PARK VISITOR SPENDING

EFFECTS: ECONOMIC CONTRIBUTIONS TO

LOCAL COMMUNITIES, STATES, AND

THE NATION (2021)....................................21, 23–24

Chris Erskine, Yosemite Valley to Reopen

Tuesday After Nearby Fires Closed It

for 20 Days, L.A. TIMES (Aug. 10, 2018),

https://perma.cc/R3GB-PWYT..............................20

vi

Christina A. Cassidy & Bob Salsberg,

Costs From Major Natural Disasters Can

Stress State Budgets, FLATHEAD BEACON

(Sept. 18, 2017), https://flatheadbeacon.com/

2017/09/18/costs-major-naturaldisasters-can-stress-state-budgets/......................22

Climate Change Decreases the Quality of the Air

We Breathe, CTRS. FOR DISEASE AND CONTROL,

https://www.cdc.gov/climateandhealth/pubs/airquality-final_508.pdf.............................................21

CONG. RESEARCH SERV., WILDFIRE STATISTICS,

(Oct. 3, 2019), https://perma.cc/J4D8-RWQY......17

David Boraks, For Gullah Geechee People

on the SC Coast, Climate Change is

Already a Threat, WFAE 90.7: CHARLOTTE’S

NPR NEWS SOURCE (Oct. 28, 2021),

https://www.wfae.org/energy-environment/202110-28/for-gullah-geechee-people-onthe-sc-coast-climate-change-is-already-athreat.....................................................................24

Discover America’s 11 Most Endangered

Historic Places for 2019,

NAT’L TR. FOR HISTORIC PRES. (May 30, 2019),

https://perma.cc/ PL8J- ZX7Q……………….........15

Don Callaway, A Changing Climate:

Consequences for Subsistence Communities,

6 ALASKA PARK SCI. 19 (2007)………….................12

vii

E. A. PENDLETON ET AL.,

U.S. GEOLOGICAL SURV. OPEN-FILE

REP. 2004-1373, RELATIVE COASTAL CHANGEPOTENTIAL ASSESSMENT OF KENAI FJORDS

NATIONAL PARK (2006)..........................................10

Economy of Montana, BRITANNICA,

https://www.britannica.com/place/

Montana-state/Economy…………………………...12

Eric Schaeffer & Tom Pelton, Greenhouse Gases

from Power Plants 2005–2020: Rapid Decline

Exceeded Goals of EPA Clean Power Plan,

ENVIRONMENTAL INTEGRITY PROJECT (Feb. 25,

2021), https://environmentalintegrity.org/wpcontent/uploads/2021/02/GreenhouseGases-from-Power-Plants-2005-2020report.pdf.................................................................8

Erik Stabena, et al., Sea-level Rise: Observations,

Impacts, and Proactive Measures in Everglades

National Park, 28 PARK SCI. 26 (2011)..................15

Federal Firefighting Costs (Suppression Only),

NAT’L INTERAGENCY FIRE CTR.,

https://perma.cc/A7L8-PAQS................................19

Harriet Tubman Underground Railroad,

NAT’L PARK SERV.,

https://www.nps.gov/hatu/index.htm...................16

How Climate Change Affects the Air We Breathe,

THE WEATHER CHANNEL (Dec. 6, 2021),

https://weather.com/news/climate/video/howclimate-change-affects-the-air-we-breathe……...20

viii

How to See a Glacier, NAT’L PARK SERV.,

https://www.nps.gov/glac/learn/nature/

how-to-see-a-glacier.htm...................................9, 11

INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE,

CLIMATE CHANGE 2021: THE PHYSICAL SCIENCE

BASIS (2021), https://www.ipcc.ch/report/ar6/

wg1/downloads/report/IPCC_AR6_WGI_

Full_Report.pdf.......................................................2

Interior Department Releases Report

Detailing $40 Billion of National Park Assets

at Risk from Sea Level Rise,

U.S. DEP’T OF THE INTERIOR (June 23, 2015),

https://perma.cc/79S2-KXQT................................14

Jaclyn Cosgrove, Fire Siege Leaves Yosemite

Empty of Humans, Filled with Smoke During

Peak Summer Season, L.A. TIMES (Aug. 4, 2018),

https://www.latimes.com/local/lanow/la-meyosemite-fire-20180804-story.html.......................18

Jia Coco Liu et al., Particulate Air Pollution

from Wildfires in the Western U.S.

Under Climate Change,

138 CLIMATIC CHANGE 655 (2016)…………………16

Jia Coco Liu et al., Wildfire-Specific Fine

Particulate Matter and Risk of Hospital

Admissions in Urban and Rural Counties,

28 EPIDEMIOLOGY 77 (2017),

https://perma.cc/A2V2-UL4L................................18

ix

John Abatzoglou & A. Park Williams,

Impact of Anthropogenic Climate Change

on Wildfire Across Western U.S. Forests,

113(42) PROC. OF THE NAT’L

ACAD. OF SCI. 11770 (2016),

https://perma.cc/7M2A-4ASG...............................16

Katharine Hayhoe et al.,

Our Changing Climate, in

U.S. GLOB. CHANGE RESEARCH PROGRAM,

FOURTH NATIONAL CLIMATE ASSESSMENT.............13

Katherine Kornei, Invasive Plants

and Climate Change Will Alter Desert

Landscapes, EOS (Jan. 13, 2022),

https://eos.org/articles/

invasive-plants-and-climatechange-will-alter-desert-landscapes…………......24

Kurt Repanshek, Wildfires Show How

Climate Change is Transforming National Parks,

NAT’L GEOGRAPHIC (Oct. 14, 2020),

https://www.nationalgeographic.com/

travel/article/wildfires-a-signclimate-change-effects-are-worsening

-in-national-parks.................................................17

Making the American Experience Tangible,

NAT’L PARK SERV.,

https://www.nps.gov/subjects/

nationalhistoriclandmarks/index.htm..................8

MARIA A. CAFFREY, NAT’L PARK SERV.,

SEA LEVEL RISE AND STORM SURGE PROJECTIONS

FOR THE NATIONAL PARK SERVICE (2018),

https://perma.cc/55XX-X466.................................15

x

McLeod Brown, The Effect of Natural Disasters

on Local Economies, BUREAU OF LAB.

STAT.: MONTHLY LAB. REV. (Jul. 2017),

https://www.bls.gov/opub/mlr/2017/

beyond-bls/the-effect-ofnatural-disasters-on-local-economies.htm...........22

Montana, NAT’L INTEGRATED DROUGHT INFO. SYS.,

https://www.drought.gov/states/montana............12

M.S. Ross et al., The Southeast Saline

Everglades Revisited:

50 Years of Coastal Vegetation Change,

11 J. VEGETATION SCI. 101 (2000),

https://perma.cc/X2L6-WDJ5..............................14

National Historic Parks, NAT’L PARK SERV.,

https://www.nps.gov/subjects/

heritagetravel/national-parks.htm........................8

National Park Visitor Spending Contributed

$28.6 Billion to U.S. Economy in 2020,

NAT’L PARK SERV. (Jun. 10, 2021),

https://www.nps.gov/orgs/1207/vse2020.htm.......24

Ocean and Coastal Resources,

NAT’L PARK SERV.,

https://perma.cc/L5E S-X3ZN...............................13

Our Mission, Role and Purpose,

NAT’L PARK SERV.,

https://www.nps.gov/orgs/1955/

our-mission-and-role.htm.......................................7

Ozone Exceedances Monitored in National Parks,

NAT’L PARK SERV.,

https://www.nps.gov/subjects/air/ozoneexceed.htm.............................................................21

xi

PAMELA S. ZIESLER & CLAIRE M. SPALDING,

NATURAL RESOURCE DATA SERIES 2021/1326,

STATISTICAL ABSTRACT: 2020 (2021)………...........22

Patrick Gonzalez, Climate Change Trends,

Impacts, and Vulnerabilities

in US National Parks, in SCIENCE,

CONSERVATION, AND NATIONAL PARKS

(Beissinger et al. eds. 2017),

https://perma.cc/ED7L-FFBN...............2, 10, 17, 19

Post Ferguson Fire,

YOSEMITE MARIPOSA CNTY. TOURISM BUREAU,

https://perma.cc/528M-V5DM...............................20

Potential Ecological Consequences of

Climate Change in South Florida

and the Everglades, NAT’L PARK SERV.,

U.S. DEP’T OF THE INTERIOR (2009),

https://perma.cc/NZ2J-Y7NP...............................14

Retreat of Glaciers in Glacier Nat’l Park,

U.S. GEOLOGICAL SURVEY,

https://perma.cc/XWV3-UCJU..............................11

Rolando Y. Wee, 10 Largest National Parks

in the United States, WORLD ATLAS (Jan. 24,

2021), https://www.worldatlas.com/articles/

biggest-national-parks-in-the-unitedstates.html...............................................................9

STEPHEN SAUNDERS ET AL.,

GLACIER NATIONAL PARK IN PERIL:

THE THREATS OF CLIMATE DISRUPTION,

NAT’L RES. DEF. COUNCIL (2010),

https://perma.cc/GL9Y-93AB..........................11–12

xii

Suppression Costs, NAT’L INTERAGENCY

FIRE CTR., https://www.nifc.gov/

fire-information/statistics/

suppression-costs..................................................17

Terry L. Root et al., Fingerprints of Global

Warming on Wild Animals and Plants,

421 NATURE 57 (2003)………………………….......13

THE OXFORD DICTIONARY OF AMERICAN

QUOTATIONS (Margaret Miner & Hugh Rawson

ed., 2nd ed. 2006).....................................................3

Two Popular Summer Camps Near

Yosemite Close Due to Smoky Air,

KTVU FOX 2, https://perma.cc/V66B-XVAY.........20

U.S. DEP’T OF THE INTERIOR, BUDGET

JUSTIFICATIONS (2019),

https://perma.cc/ NDR4-CE43………………….....19

U.S. FOREST SERV., THE RISING COST OF

WILDFIRE OPERATIONS: EFFECTS ON THE

FOREST SERVICE’S NON-FIRE WORK (2015),

https://perma.cc/YA4K-MYUL..............................17

U.S. GLOB. CHANGE RESEARCH PROGRAM,

CLIMATE SCIENCE SPECIAL REPORT:

FOURTH NATIONAL CLIMATE ASSESSMENT

(D.J. Wuebbles et al. eds., 2017),

https://perma.cc/BY2R-QLPS..............................13

Visitation Numbers,

NAT’L PARK SERV.,

https://perma.cc/AQ5N-FF69..........................10, 16

xiii

Visitor Spending Effects: Economic Contributions

of National Park Visitor Spending,

NAT’L PARK SERV.,

https://www.nps.gov/subjects/

socialscience/vse.htm............................................23

Why Protect Everglades National Park?,

NAT’L PARK SERV.,

https://perma.cc/8JH4-7WUG..............................14

William T. Sommers et al., Wildland Fire

Emissions, Carbon, and Climate:

Science Overview and Knowledge Needs,

317 FOREST ECOLOGY & MGMT. 1 (2014)………....16

World of Change: Ice Loss in Glacier Nat’l Park,

NASA EARTH OBSERVATORY,

https://perma.cc/4S45-Z5HG...............................11

Yosemite: Past Fire Activity,

NAT’L PARK SERV. (Aug. 29, 2019),

https://perma.cc/7APT-HEAJ...............................19

Yuanyuan Fang, Impacts of 21st Century

Climate Change on Global Air

Pollution-Related Premature Mortality,

121 CLIMATIC CHANGE 239 (2013),

https://perma.cc/V6LV-9NLM..............................18

1

INTERESTS OF AMICUS CURIAE 1

The National Park Conservation Association

(NPCA) has been the leading voice of U.S. national

parks since 1919. With more than 1.6 million members

and supporters, the NPCA is a nonpartisan

organization dedicated to ensuring that our national

parks are well protected. Because climate change and

air pollution are the greatest threats to national

parks, the NPCA works to mitigate unhealthy and

climate-disrupting pollution. These cases directly

impact the NPCA and its work to protect national

parks and communities from the causes and

detrimental effects of climate change.

1 Pursuant to Sup. Ct. R. 37.6, amicus curiae affirm that no

counsel for a party has written this brief in whole or in part, and

that no person or entity, other than amicus curiae, its members,

or its counsel, has made a monetary contribution to the

preparation or submission of this brief. This brief is filed

pursuant to Sup. Ct. R. 37.3(a) and the blanket consents of the

parties.

2

INTRODUCTION AND SUMMARY OF THE

ARGUMENT

From the Everglades National Park to Glacier

National Park to the Harriett Tubman Underground

Railroad National Historic Park to the National Mall,

the more than 400 national parks existing in the U.S.

are integral to our country. Climate change presents

an existential crisis to their continued survival.

The science is clear: greenhouse gases (GHGs)

must be sharply reduced to stave off the worst of the

climate crisis and doing so is the only way to safeguard

the vitality of the national parks. 2 With power plants

making up the second largest source of GHG pollution

in the nation, 3 controlling their emissions is a critical

tool needed to thwart the devastation to the National

Park System’s resources, visitors, and neighboring

communities.

The Clean Air Act (“the Act”) confers

unmistakable authority to the EPA to regulate GHG

emissions from power plants. Beyond the clear source

category requirements of Section 7411 of the Act, the

2

See Patrick Gonzalez, Climate Change Trends, Impacts, and

Vulnerabilities in US National Parks, in SCIENCE,

CONSERVATION, AND NATIONAL PARKS (Beissinger et al. eds.

2017), https://perma.cc/ED7L-FFBN; INTERGOVERNMENTAL

PANEL ON CLIMATE CHANGE, CLIMATE CHANGE 2021: THE

PHYSICAL SCIENCE BASIS (2021),

https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6

_WGI_Full_Report.pdf.

3 Alfredo Rivera et al., Preliminary US Greenhouse Gas

Emissions for 2021, RHODIUM GROUP (Jan. 10, 2022),

https://rhg.com/research/preliminary-us-emissions-2021/.

3

statute specifically bestows the EPA with

responsibility to ensure the vitality of the National

Park System.

Meaningful agency regulation plays a critical

role not only in preserving national parks themselves

from wildfire loss, diminished air quality, biodiversity

loss, and other disastrous consequences, but also in

mitigating harm to a national economy in which the

national parks play a significant role. Impairment of

national parks would also harm various stakeholders

including the communities that depend on them.

As environmentalist John Sawhill offered: “In

the end, our society will be defined not only by what

we create, but also by what we refuse to destroy.” 4

ARGUMENT

I.

The Clean Air Act’s text unequivocally

authorizes the EPA to regulate GHG

emissions from power plants and protect

the National Park System

As a preliminary matter, this proceeding lacks

Article III jurisdiction as no current rule exists and

the EPA has no intention of reviving the Clean Power

Plan. Absent presentation of new agency rulemaking,

there is no justiciable controversy. Even if this Court

were to leave aside the lack of justiciability, the

decision of the D.C. Circuit should be affirmed as the

4 THE OXFORD DICTIONARY OF AMERICAN QUOTATIONS 149

(Margaret Miner & Hugh Rawson ed., 2nd ed. 2006).

4

Act unequivocally authorizes the EPA to regulate

GHG emissions from power plants.

This authority of the EPA is critical to

protecting the vitality of the National Park System,

which the text of the Act identifies as one of its key

objectives. In addition to various National Park

System-specific provisions, the Act dictates EPA

action to protect the public welfare in ways that are

particularly pertinent to the national parks.

A. The EPA is unequivocally authorized to

regulate GHG pollution from power plants

In passing Section 7411, Congress provided a

critical tool for the EPA to effectuate the Clean Air

Act’s purpose to “protect and enhance the quality of

the Nation’s air resources” through “the prevention

and control of air pollution.” 42 U.S.C. § 7401. Section

7411 furthers this purpose by instructing the EPA to

identify air pollutants from stationary sources which

“may reasonably be anticipated to endanger public

health or welfare,” id. § 7411(f)(2)(B), including

“carbon dioxide and other greenhouse gases,” Am.

Elec. Power Co. v. Connecticut, 564 U.S. 410, 416

(2011) (AEP). Then, the EPA Administrator is to list

those “categor[ies] of sources” which “in [the

Administrator’s] judgment, . . . cause[], or contribute[]

significantly to” the emission of those identified

pollutants. 42 U.S.C. § 7411(b)(1)(A). Pursuant to

Section 7411, power plants in fact have been on the

list of categories of stationary sources that cause or

contribute significantly to air pollution since the

1970s. 80 Fed. Reg. 64,510, 64,527 (Oct. 23, 2015).

5

Once a source category is established, the EPA

is required to regulate both new and existing sources

within that source category. For new sources, the

Clean Air Act instructs the Administrator to establish

federal “standards of performance” for new sources

within that category, 42 U.S.C. § 7411(b)(1)(B), while

for existing sources within that category the

Administrator enjoys statutory discretion to accept or

reject “standards of performance” submitted to them

by each state, id. §§ 7411(d)(1), (d)(2). The Act directs

the Administrator to establish emissions limits based

on the best system of emission reduction, taking into

account costs and any nonair quality health and

environmental impact and energy requirements. Id. §

7411(a)(1). In short, the Act unmistakably authorizes

the EPA to regulate power plant emissions of GHGs.

Clear textual support for the EPA’s authority to

regulate emissions from power plants has been

endorsed by this very Court, which has determined

that in passing Section 7411, Congress “sp[oke]

directly” and delegated to the EPA the decision of

“whether and how to regulate carbon-dioxide

emissions from power plants.” AEP, 564 U.S. at 424,

426. This Court also reinforced the EPA’s expertise,

asserting “[i]t is altogether fitting that Congress

designated an expert agency, here, EPA, as best suited

to serve as primary regulator of greenhouse gas

emissions.” Id. at 412.

6

B. The Clean Air Act entrusts the EPA to

protect U.S. national parks

The Clean Air Act guards the unique values of

national parks and establishes mechanisms for

mitigating their vulnerabilities. For example, the Act

declares a key purpose of the EPA-administered

Prevention of Significant Deterioration (PSD)

program is “to preserve, protect, and enhance the air

quality in national parks, national wilderness areas,

national monuments, national seashores, and other

areas of special national or regional natural,

recreational, scenic, or historic value,” 42 U.S.C.

§ 7470(2). The Act also requires a higher degree of air

quality protection for certain units of the National

Park System, designated as mandatory Class I areas,

requiring the prevention and reversal of visual

impairment. Id. §§ 7472, 7474, 7491.

Furthermore, the Act directs the EPA to take

regulatory action to mitigate pollution where

emissions would endanger “public health and

welfare.” 5 The definition of “welfare” includes “effects

on soils, water . . . vegetation . . . wildlife . . . weather,

5 Many Clean Air Act regulatory requirements are prompted

by

a finding that air pollution may endanger “public health and

welfare.” See, e.g., 42 U.S.C. § 7408(a)(1)(A) (requiring

regulation of dispersed pollutants “which may reasonably be

anticipated to endanger public health or welfare”); 42 U.S.C. §

7521(a)(1) (requiring regulation of pollution from new motor

vehicles and engines “which may reasonably be anticipated to

endanger public health or welfare”); 42 U.S.C. § 7671(n)

(requiring regulation to control pollution of the stratosphere

that “may reasonably be anticipated to endanger public health

or welfare”).

7

visibility, and climate, damage to and deterioration of

property . . . as well as effects on economic values and

on personal comfort and well-being, whether caused

by transformation, conversion, or combination with

other air pollutants.” 42 U.S.C. § 7602(h). These soils,

waters, vegetation, and wildlife are greatly abundant

in the National Park System and face particular

climate vulnerabilities.

The mission of the EPA, then, is uniquely

intertwined with the National Park System in that the

former is charged with protecting the health of the

latter. The National Park Service (NPS) cannot attain

its stated goal of conserving “the natural and cultural

resources and values of the National Park System for

the enjoyment, education, and inspiration of this and

future generations,” 6 if the EPA cannot attain its goal

of protecting public welfare as it pertains to the

preservation of the parks.

The EPA’s statutory responsibility with respect

to power plant GHG emissions—a critical part of the

overall measures needed to meaningfully address

climate change and protect the parks and relevant

stakeholders—is one the agency does not share with

any other government entity. If this Court holds the

EPA cannot meaningfully regulate in this capacity, no

other agency could simply take up the mantle. The

protection of national parks is considerably dependent

on the EPA’s exercise of delegated authority to

6 Our Mission, Role and Purpose, NAT’L PARK SERV.,

https://www.nps.gov/orgs/1955/our-mission-and-role.htm (last

updated Mar. 24, 2017).

8

regulate GHG emissions from power plants. 7

Regulation of such pollution by the EPA is a key tool

to preserve this country’s national parks for current

and future generations.

II.

The devastating effects of climate change

are already significant and, if left

unchecked, will have catastrophic

repercussions across the National Park

System and its stakeholders

The National Park System preserves many

different types of landscapes—including wetlands,

mountains, deserts, and beaches—and all of their

ecosystems from the Everglades National Park to

Yellowstone National Park. Beyond natural sites,

many parks are historic—the Harriet Tubman

Underground Railroad National Historic Park, the

Martin Luther King, Jr. National Historic Park, and

the Women’s Rights National Historic Park are but a

few examples of the many National Historic Parks. 8

Climate change poses an existential threat to these

natural and historic public places.

7 Eric Schaeffer & Tom Pelton, Greenhouse Gases from Power

Plants 2005–2020: Rapid Decline Exceeded Goals of EPA Clean

Power Plan, ENVIRONMENTAL INTEGRITY PROJECT (Feb. 25,

2021), https://environmentalintegrity.org/wpcontent/uploads/2021/02/Greenhouse-Gases-from-Power-Plants2005-2020-report.pdf.

8 See National Parks, NAT’L PARK SERV.,

https://www.nps.gov/subjects/heritagetravel/national-parks.htm

(last updated Aug. 19, 2016); Making the American Experience

Tangible, NAT’L PARK SERV.,

https://www.nps.gov/subjects/nationalhistoriclandmarks/index.h

tm (last updated Sept. 3, 2021).

9

Climate harms to our national parks are

extensive, already causing an unprecedented loss

of ecosystems, habitats, and historic sites, by rising

temperatures, stronger storms, frequent wildland

fires, and sea level rise. The more than four hundred

historic and natural sites the National Park System

protects have never known change at the current pace

and scale. The numerous studies and decades of data

detailing climate harms to these public places is vast,

and the following provides a glimpse into this

devastation.

A. Climate change has forced glaciers in the

northernmost national parks to retreat to

the verge of permanent disappearance

and has devastating consequences on the

communities and biodiversity in these

regions

Some of the largest national parks by area are

located at the highest latitudes, including in states

like Alaska and Montana. 9 These parks are also

famous for their glaciers, which are some of the largest

and most accessible in the world. 10 Warming

temperatures associated with human-caused climate

change are causing the retreat and disappearance of

9 Rolando Y. Wee, 10 Largest National Parks in the United

States, World Atlas (Jan. 24, 2021),

https://www.worldatlas.com/articles/biggest-national-parks-inthe-united-states.html.

10

How

to

See

a

Glacier,

NAT’L PARK SERV.,

https://www.nps.gov/glac/learn/nature/how-to-see-a-glacier.htm

(last updated Aug. 4, 2021).

10

these wonders in U.S. national parks. 11 Researchers

“have detected decreases in length, area, volume, and

mass for almost all” of the 168,000 glaciers that have

been measured since 1960—among them, glaciers in

Denali, Glacier, Glacier Bay, and other national

parks. 12

Glaciers are the main tourist attraction for

many of these northern parks. 13 As these wonders

continue to retreat, the tourism industry in Alaska is

likely to suffer as a result. Further, the visitor

experience is harmed as sea level rise and wave height

increases lead to “erosion and loss of gravel beaches

along rocky coastlines.” 14 Sea kayakers who use these

“pocket beaches” recreationally will be turned away as

the landscape continues to change. 15

Similarly,

Glacier

National

Park

in

northwestern Montana offers another illustration of

the danger confronting park system glaciers. The

park attracts a high number of visitors every year

because of the beautiful scenery, numerous wildlife

species, and some of the most accessible glaciers in the

world. 16 The park’s ecosystem is fragile and reflects

11 Gonzalez, supra note 2 at 106.

12 Id.

13 B. F. Molnia, Late Nineteenth to Early Twenty-First Century

Behavior of Alaskan Glaciers as Indicators of Changing Regional

Climate, 56 GLOB. AND PLANETARY CHANGE 23, 23–56 (2007).

14 E. A. PENDLETON ET AL., U.S. GEOLOGICAL SURV. OPEN-FILE

REP. 2004-1373, RELATIVE COASTAL CHANGE-POTENTIAL

ASSESSMENT OF KENAI FJORDS NATIONAL PARK (2006).

15 Id.

16 Visitation Numbers, NAT’L PARK SERV., https://perma.cc/AQ5NFF69 (last updated Sept. 23, 2019).

11

the irreversible effects of human caused climate

change. Researchers estimate that before 1850, there

were around 150 glaciers in the park. 17 In 2015, only

26 glaciers remained—and all had suffered significant

reductions in size. 18 Models have projected the last of

the park’s glaciers will disappear in the coming

decades, absent sharp reductions in GHGs. 19 A stark

example of this trend is the iconic Grinnell Glacier,

which the NPS reports lost 45 percent of its area

between 1966 and 2015. 20 Once these glaciers

disappear, they will be lost forever.

These glaciers are popular tourist attractions,

and the visitor experience is hampered by glacier

retreat. Hikers come from across the country to make

the five-mile journey along Grinnell Trail to view the

iconic glacier. 21 Without preserving these historic

sites, the parks will lose meaningful elements of their

appeal. Glaciers also play an essential role in the

park’s ecosystem by providing late-season runoff to

keep rivers and streams full of water at a consistent

temperature. 22 This water source is important to

surrounding communities and the local fish and trout

See, e.g., Retreat of Glaciers in Glacier Nat’l Park, U.S.

GEOLOGICAL SURVEY, https://perma.cc/XWV3-UCJU.

18 Id.

19 Id.; World of Change: Ice Loss in Glacier Nat’l Park, NASA

EARTH OBSERVATORY, https://perma.cc/4S45-Z5HG.

20 How to See a Glacier, supra note 10.

21 Id.

22 STEPHEN SAUNDERS ET AL., GLACIER NATIONAL PARK IN

PERIL: THE THREATS OF CLIMATE DISRUPTION, NAT’L RES.

DEF. COUNCIL 18–29 (2010), https://perma.cc/ GL9Y93AB.

17

12

populations. 23 Montana’s drought levels have

increased in the last few decades, and almost 90

percent of the state is currently in a “severe

drought.” 24 Drought conditions, exacerbated by the

loss of glaciers, threaten both crop and livestock

production, Montana’s largest industry. 25

Finally, beyond glacier loss, there is

tremendous damage inherent in hotter temperatures

in these vulnerable northern regions. Native Alaskan

communities who have lived in this area for centuries

are being displaced by the rising sea levels and

associated permafrost erosion. 26 For these indigenous

communities, this displacement threatens their very

way of life. Displacement also is a large financial

burden for governments and puts great strain on the

social safety net. 27 Subsistence communities are also

threatened as hunting practices become “more

expensive and time-consuming.” 28 Biodiversity also

faces great risk, as the temperature change associated

with climate change has led to a shift in over 80

23 Id.

24 Montana, NAT’L INTEGRATED DROUGHT INFO. SYS.,

https://www.drought.gov/states/montana (last visited on Jan.

21, 2022).

25 Economy of Montana, BRITANNICA,

https://www.britannica.com/place/Montana-state/Economy (last

visited on Jan. 21, 2022).

26 Don Callaway, A Changing Climate: Consequences for

Subsistence Communities, 6 ALASKA PARK SCI. 19, 19–23 (2007).

27 Id.

28 Id.

13

percent of the animal and plant species in the eight

different national parks located in Alaska. 29

B. Rising sea levels resulting from humancaused climate change threaten lowlatitude and coastal national parks

In the past century, as glaciers have receded

world-wide, sea levels have risen by around seven to

eight inches due to climate change. 30 The 2018

National Climate Assessment estimated there is likely

to be a one to four feet sea level rise by the end of the

21st century. 31 The NPS manages 86 coastal parks

that include over 11,000 miles of coastline and 2.5

million acres of ocean and Great Lakes waters. 32

These parks host over 88 million visitors every year,

bringing in a revenue of $4.8 billion annually to the

local economies. 33 One study conducted by the Interior

Department—which examined only a third of coastal

parks threatened by sea-level rise—found that one

29 Terry L. Root et al., Fingerprints of Global Warming on Wild

Animals and Plants, 421 NATURE 57, 57–60 (2003).

30 U.S. GLOB. CHANGE RSCH. PROGRAM, CLIMATE SCIENCE

SPECIAL REPORT: FOURTH NATIONAL CLIMATE ASSESSMENT,

25–26, 333, 339, 343 (D.J. Wuebbles et al. eds., 2017),

https://perma.cc/BY2R-QLPS.

31 Katharine Hayhoe et al., Our Changing Climate, in U.S.

GLOB. CHANGE RESEARCH PROGRAM, FOURTH NATIONAL

CLIMATE ASSESSMENT.

32 Ocean and Coastal Resources, NAT’L PARK SERV. (last updated

May 17, 2017), https://perma.cc/L5E S-X3ZN.

33

Id.

14

meter of rise would place $40 billion worth of park

assets at risk. 34

Everglades National Park, in the southwestern

portion of Florida, is a subtropical peatland ecosystem

with low elevation and flat topography that make it

particularly vulnerable to sea-level rise. 35 Congress

authorized the park in 1934 to preserve its subtropical

ecosystem, 36 marking the first time federal land was

set aside for its abundant biodiversity rather than for

“scenic views.” 37

The Everglades requires both saltwater and

freshwater to support a unique, hybrid ecosystem, 38

and sea level rise threatens this delicate balance.

Observations of actual sea level rise along the Florida

coast are already exceeding projections, 39 and this

increase threatens significant harm to the Everglades.

Twenty-seven rare plants—including endangered

species, such as tropical orchids and herbs, found only

Interior Department Releases Report Detailing $40 Billion of

National Park Assets at Risk from Sea Level Rise, U.S. DEP’T OF

34

THE INTERIOR (Apr. 26, 2016), https://perma.cc/79S2-KXQT.

35 POTENTIAL ECOLOGICAL CONSEQUENCES OF CLIMATE CHANGE

IN SOUTH FLORIDA AND THE EVERGLADES

(2009), NAT’L PARK

SERV., U.S. DEP’T OF THE INTERIOR (2009), https://perma.cc/NZ2JY7NP.

36 Why Protect Everglades National Park?, NAT’L PARK SERV.,

https://perma.cc/8JH4-7WUG (last updated Aug. 20, 2015).

37 Id.

38 See M.S. Ross et al., The Southeast Saline Everglades Revisited:

50 Years of Coastal Vegetation Change, 11 J. VEGETATION SCI.

101, 101 (2000) (describing how coastal wetlands “reflect a

dynamic hydrologic balance”).

39 Why Protect Everglades National Park?, supra note 36.

15

in south Florida—will be affected by the salinization

of groundwater and the soil. 40 It is unclear which

species will be able to tolerate the increased salinity. 41

Sea level rise will also affect parks we might not

expect, including the most visited national park in the

country and one of the most iconic—the National Mall

in Washington, D.C. According to the NPS, “the

National Capital Region is projected to experience the

highest average rate of sea level change” within the

National Park System by 2100. 42 In 2019, the Mall’s

Tidal Basin was identified as one of the 11 most

endangered historic places by the National Trust for

Historic Preservation, in part because of its crumbling

infrastructure, but mostly due to persistent flooding. 43

One ongoing project directed at improving the

National Mall’s climate resilience and security is

expected to cost as much as $500 million. 44

The Harriet Tubman Underground Railroad

National Historical Park is located in southern

40 Erik Stabena, et al., Sea-level Rise: Observations, Impacts, and

Proactive Measures in Everglades National Park, 28 PARK SCI.

26, 29 (2011).

41 Id.

42 MARIA A. CAFFREY, NAT’L PARK SERV., SEA LEVEL RISE AND

STORM SURGE PROJECTIONS FOR THE NATIONAL PARK SERVICE viii

(2018), https://perma.cc/55XX-X466.

43 Discover America’s 11 Most Endangered Historic Places for

2019, NAT’L TR. FOR HISTORIC PRES. (May 30, 2019),

https://perma.cc/ PL8J- ZX7Q.

44 Andrew Giambrone, Famed D.C. Cherry Blossoms Face LongTerm Risks from High Tides, CURBED D.C. (Apr. 4, 2019),

https://perma.cc/WCY8-5JZW.

16

Maryland. 45 The approximate elevation of the park is

a mere three feet above sea level and is surrounded by

inlets of the Chesapeake Bay. 46 As water levels

continue to rise, this national historic park may be

permanently lost. 47

C. Wildfires pose a significant threat to the

western U.S., home to many national

parks

Wildfires are becoming more frequent and

intense in the West. 48 A growing body of scientific

evidence links this trend to human-caused climate

change. 49 As the western U.S. is home to more than

half of our national parks, including eight of the ten

parks most visited in 2018, more frequent and intense

wildfires will pose significant threats to the National

Park System absent targeted action to reduce GHG

pollution. 50

Harriet Tubman Underground Railroad, NAT’L PARK SERV.,

https://www.nps.gov/hatu/index.htm.

46 Id.

47 Id.

48 See John Abatzoglou & A. Park Williams, Impact of

Anthropogenic Climate Change on Wildfire Across Western U.S.

Forests, 113(42) PROC. OF THE NAT’L ACAD. OF SCI. 11770 (2016);

Jia Coco Liu et al., Particulate Air Pollution from Wildfires in the

Western U.S. Under Climate Change, 138 CLIMATIC CHANGE 655

(2016); William T. Sommers et al., Wildland Fire Emissions,

Carbon, and Climate: Science Overview and Knowledge Needs,

317 FOREST ECOLOGY & MGMT. 1, 1–8 (2014).

49 See supra note 48.

50 Visitation Numbers, supra note 16.

45

17

Western lands are burning at an alarming rate.

According to researchers, climate change has doubled

the number of acres burned by wildfire. 51 Scientists

believe this measure may double again by midcentury. 52 Fire seasons are on average 78 days longer

today than 50 years ago, and scientists expect this

upward trend to continue. 53 In 2020, wildfires burned

over 10 million acres of federal land, 54 including many

beloved and iconic national parks such as Glacier,

Sequoia, Yellowstone, Crater Lake, Rocky Mountain,

Kings Canyon, Saguaro, Olympic, and Yosemite

National Parks, and flames have touched Grand

Canyon and Wind Cave National Parks. 55 Scientists

project that Yellowstone National Park could see fires

increase in frequency three to ten times by 2100,

compared to 1990. 56

Although wildfires are a natural part of many

ecosystems, climate change is making many forests

51 U.S. FOREST SERV., THE RISING COST OF WILDFIRE OPERATIONS:

EFFECTS ON THE FOREST SERVICE’S NON-FIRE WORK 2–3 (2015),

https://perma.cc/YA4K-MYUL.

52 Id. at 2.

53 Id.

54 CONG. RESEARCH SERV., WILDFIRE STATISTICS, (Oct. 3, 2019),

https://perma.cc/J4D8-RWQY; https://perma.cc/J4D8-RWQY;

Suppression Costs, NAT’L INTERAGENCY FIRE CTR.,

https://www.nifc.gov/fire-information/statistics/suppressioncosts (last visited Jan. 21, 2022). In 2020, 10,122,336 acres were

burned, the second highest amount since 1985.

55 Kurt Repanshek, Wildfires Show How Climate Change is

Transforming National Parks, NAT’L GEOGRAPHIC (Oct. 14,

2020),

https://www.nationalgeographic.com/travel/article/wildfires-asign-climate-change-effects-are-worsening-in-national-parks.

56 Gonzalez, supra note 2, at 121 (Table 6.3).

18

drier, and therefore less able to rebound from

wildfires. 57 In places where forests are found at the

edge of their climatic tolerance, dry conditions

combined with wildfire may cause those forests to

convert to grasslands or shrubs. 58

Increased wildfires also lead to increases in

various pollutants emitted by these wildfires. 59 These

pollutants include ground-level ozone and fine

particulate matter, or “PM2.5.” 60 These pollutants

obscure the scenic views of these national parks and

simultaneously jeopardize human health. Exposure to

increased concentrations of PM2.5, like those recorded

in the parks, raises the risk of respiratory and

cardiovascular diseases. 61 Smoke waves are likely to

keep visitors away from national parks and threaten

the health of those who do make the trip. 62

Camille S. Stevens‐Rumann et al., Evidence for Declining

Forest Resilience to Wildfires under Climate Change, 21 ECOLOGY

LETTERS 243, 243 (2018).

58 Id.

59 BENJAMIN DEANGELO ET AL., U.S. ENV’T. PROT. AGENCY,

TECHNICAL SUPPORT DOCUMENT FOR ENDANGERMENT AND CAUSE

OR CONTRIBUTE FINDINGS FOR GREENHOUSE GASES UNDER

SECTION 202(A) OF THE CLEAN AIR ACT 89 (2009),

https://perma.cc/J538-7EX7.

60 See Yuanyuan Fang, Impacts of 21st Century Climate Change

on Global Air Pollution-Related Premature Mortality, 121

CLIMATIC CHANGE 239 (2013).

61 Jia Coco Liu et al., Wildfire-Specific Fine Particulate Matter

and Risk of Hospital Admissions in Urban and Rural Counties,

28 EPIDEMIOLOGY 77, 77 (2017).

62 See, e.g., Jaclyn Cosgrove, Fire Siege Leaves Yosemite Empty

of Humans, Filled with Smoke During Peak Summer Season,

L.A. TIMES (Aug. 4, 2018),

57

19

As wildfires intensify, so do the costs of fighting

them. From 1985 to 1999, federal fire-fighting costs

never exceeded $1 billion per year in any year. 63 Since

2011, costs have exceeded $1 billion every year. 64 In

2015 and 2017, costs exceeded $2 billion, and in 2018,

costs exceeded $3 billion. 65 Fire operations take

financial resources away from other needs, such as

infrastructure

maintenance,

natural-resource

preservation, recreational programs, and staffing,

which, in turn, harms visitor experience and local

communities. 66

Like the rest of the West, Yosemite National

Park is experiencing more frequent and intense

wildfires. 67 Yosemite faced the two largest wildfires in

its history within the past seven years. In 2013, the

Rim Fire burned over 77,000 acres—nearly ten

percent of the park. 68 In 2018, the Ferguson Fire

burned over 10,000 acres of park land, closing

https://www.latimes.com/local/lanow/la-me-yosemite-fire20180804-story.html.

63 See Federal Firefighting Costs (Suppression Only), NAT’L

INTERAGENCY FIRE CTR., https://perma.cc/A7L8-PAQS.

64 See id.

65 See id.

66 See U.S. DEP’T OF THE INTERIOR, BUDGET JUSTIFICATIONS 6–7,

50 (2019), https://perma.cc/ NDR4-CE43.

67 See Yosemite: Past Fire Activity, NAT’L PARK SERV. (Aug. 29,

2019), https://perma.cc/7APT-HEAJ (Yosemite’s fire history

map); Gonzalez, Climate Change Trends, supra note 2, at 115

(Table 6.2) (noting that “[f]ire frequency and burned area [have]

increased with temperature” in western parks).

68 Id.

20

Yosemite Valley, in its entirety, for 20 days. 69 For

nearly a century, visitors have converged on

Yosemite. 70 Now, these groups are being exposed to

the harmful pollutants left behind by wildfires. 71

Moreover, the view of iconic sites like El Capitan, Half

Dome, and Bridal Veil Falls may be increasingly

obscured by haze from wildfires exacerbated by

climate change. 72

Finally, climate change also worsens air quality

independent of wildfires because a warm climate

amplifies the harms of ozone pollution. 73 This

warming in turn makes places where there are

instances of high ozone pollution, like Joshua Tree or

Rocky Mountain National Park, all the worse for

69 Chris Erskine, Yosemite Valley to Reopen Tuesday After Nearby

Fires Closed It for 20 Days, L.A. TIMES (Aug. 10, 2018),

https://perma.cc/R3GB-PWYT; Post Ferguson Fire, YOSEMITE

MARIPOSA CNTY. TOURISM BUREAU, https://perma.cc/528MV5DM.

70 About Us, CAMP WAWONA, https://perma.cc/Q4DJ-VBCK (last

visited Jan. 21, 2022); Two Popular Summer Camps Near

Yosemite Close Due to Smoky Air, KTVU FOX 2 (July 21, 2018),

https://perma.cc/V66B-XVAY.

71 Alex Rudee, Yosemite’s Dirty Air Secret, NAT’L PARKS

CONSERVATION ASS’N (Sept. 19, 2017), https://perma.cc/G4PTMQTG.

72 Id.

73 See Air Quality and Climate Change Research, U.S. ENV’T

PROT. AGENCY, https://www.epa.gov/air-research/air-qualityand-climate-change-research; How Climate Change Affects the

Air We Breathe, THE WEATHER CHANNEL (Dec. 6, 2021),

https://weather.com/news/climate/video/how-climate-changeaffects-the-air-we-breathe.

21

visitors to breathe. 74 Ozone pollution is associated

with a myriad of health problems, including

diminished lung function and premature death. 75

III.

Damage to the National Park System from

climate change also brings significant

harm to the U.S. economy and the

interests of various stakeholders

The NPS is tasked with managing the national

parks and its 20,000 employees, and its budget is

funded by the U.S. taxpayer. 76 The national parks

have been substantial economic generators and a

sound investment, “return[ing] more than $10 for

every $1” the U.S. taxpayer invests in the NPS. 77 In

2020, national parks contributed $16.7 billion in total

value to the national economy. 78 In 2019, at prepandemic levels, national parks contributed $24.3

billion in total value. 79

See Ozone Exceedances Monitored in National Parks, NAT’L

PARK SERV., https://www.nps.gov/subjects/air/ozone-exceed.htm

(last updated May 24, 2021) (illustrating ozone exceedances

across national parks monitored for ozone).

75 Climate Change Decreases the Quality of the Air We Breathe,

CTRS. FOR DISEASE AND CONTROL,

https://www.cdc.gov/climateandhealth/pubs/air-qualityfinal_508.pdf (last visited Jan. 20, 2022).

76 Amelia Josephson, The Economics of National Parks,

SMARTASSET (Mar. 18, 2021), https://smartasset.com/taxes/theeconomics-of-national-parks.

77 Id.

78 CATHERINE CULLINANE THOMAS & LYNNE KOONTZ, NATURAL

RESOURCE REP. 2021/2259, 2020 NATIONAL PARK VISITOR

SPENDING EFFECTS: ECONOMIC CONTRIBUTIONS TO LOCAL

COMMUNITIES, STATES, AND THE NATION (2021).

79 Id.

74

22

Increased costs of protecting national parks

from GHG-driven climate change will continue to

burden the U.S. taxpayer if unabated. Every time a

national park and adjacent community suffer the

physical damage associated with human-caused

climate change, the tourism dollars and federal

funding go towards clean-up and repair efforts. 80

Whether it be from floods or fires, natural disasters

are expensive, 81 and this cost is largely shouldered by

the local communities supporting the national

parks. 82

The potential economic impact of reduced visits

to national parks can be seen through another realworld case study: the COVID-19 pandemic. 2020 saw

a steep decline in visits to national parks compared to

2019 likely due to the coronavirus pandemic. In 2020,

national park recreation visits were reported at

237,064,332. 83 This figure is a 27.7 percent decrease

80 See Christina A. Cassidy & Bob Salsberg, Costs From Major

Natural Disasters Can Stress State Budgets, FLATHEAD BEACON

(Sept. 18, 2017), https://flatheadbeacon.com/2017/09/18/costsmajor-natural-disasters-can-stress-state-budgets/.

81 Billion-Dollar Weather and Climate Disasters, NAT’L CTR. FOR

ENV’T INFO., https://www.ncdc.noaa.gov/billions/ (last visited

Jan. 21, 2022). In 2021, damage caused by weather and climate

disasters cost $145 billion. Id.

82 McLeod Brown, The Effect of Natural Disasters on Local

Economies, BUREAU OF LAB. STAT.: MONTHLY LAB. REV. (Jul.

2017), https://www.bls.gov/opub/mlr/2017/beyond-bls/the-effectof-natural-disasters-on-local-economies.htm.

83 PAMELA S. ZIESLER & CLAIRE M. SPALDING, NATURAL

RESOURCE DATA SERIES 2021/1326, STATISTICAL ABSTRACT: 2020

(2021).

23

from 2019 levels, equivalent to 90.5 million visits. 84 As

a result of decreased visitation, visitor spending in the

national parks and surrounding communities

decreased from $21.0 billion in 2019 to $14.5 billion in

2020, a decrease of $6.5 billion or 31 percent. 85

Furthermore, failure to meaningfully address

climate change may threaten the economic vitality of

communities that depend on national parks.

“Gateway communities” are the towns located within

60 miles of a national park. 86 These economies are

hugely dependent on tourism and spending from

visitors to the national parks. In 2019, visitors to

national parks contributed $21.0 billion in consumer

spending to the economies of the gateway

communities alone. 87 Visitors to national parks spend

money in the surrounding communities, allowing local

restaurants, hotels, recreation services, and shops to

thrive. Employees of local businesses also use their

incomes to make purchases within the local

economies, further contributing to the economic

growth of gateway communities. 88

As a result of decreased visitation to national

parks during the pandemic, the total jobs supported

by the national park community decreased from

84 Id. at 11.

85 THOMAS & KOONTZ, supra note 78.

86 Josephson, supra note 76.

87 Visitor Spending Effects: Economic Contributions of National

PARK

SERV.,

Park

Visitor

Spending,

NAT’L

https://www.nps.gov/subjects/socialscience/vse.htm (last updated

Apr. 25, 2018).

88 THOMAS & KOONTZ, supra note 78, at 3.

24

340,500 in 2019 to 234,000 in 2020, a 31.3 percent

decrease. 89 This figure includes the people employed

by the parks and all of the employees of the associated

tourism industry, and the vast majority of these jobs

were located within 60 miles of the parks. 90 The sharp

decrease in visitor spending and employment

opportunities in local communities is devastating, and

similar trends may be realized if national parks are

further destroyed by the droughts, wildfires, sea level

rise, and other harms associated with climate

change. 91

89 Id.

90 National Park Visitor Spending Contributed $28.6 Billion to

U.S. Economy in 2020, NAT’L PARK SERV. (June 10, 2021),

https://www.nps.gov/orgs/1207/vse2020.htm.

91 See Katherine Kornei, Invasive Plants and Climate Change

Will Alter Desert Landscapes, EOS (Jan. 13, 2022),

https://eos.org/articles/invasive-plants-and-climate-change-willalter-desert-landscapes; Alicia Victoria Lozano, Wildfire Near

Rocky Mountain National Park Fully Contained at 147 Acres,

MSN (Nov. 20, 2021), https://www.msn.com/enus/news/us/wildfire-near-rocky-mountain-national-park-fullycontained-at-147-acres/ar-AAQX2Uk; David Boraks, For Gullah

Geechee People on the SC Coast, Climate Change is Already a

Threat, WFAE 90.7: CHARLOTTE’S NPR NEWS SOURCE (Oct. 28,

2021), https://www.wfae.org/energy-environment/2021-1028/for-gullah-geechee-people-on-the-sc-coast-climate-change-isalready-a-threat.

25

CONCLUSION

The cases should be dismissed. If not, the

judgment below should be affirmed.

Respectfully submitted.

PAUL KOSTER

Counsel of Record

Emory Law School

Supreme Court Advocacy Program

1301 Clifton Road

Atlanta, GA 30322

(404) 727-3957

paul.koster@emory.edu

STEPHANIE KODISH

National Parks Conservation

Association

777 6th Street NW

Washington, DC 20001

(865) 964-1774

skodish@npca.org

Counsel for Amicus Curiae

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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