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, and 20-1780
INTHE
~uprenre Qlnurt of tlye ~niteo ~tates
STATE OF WEST VIRGINIA, ET AL., Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, ET AL.,
Respondents.
On Writs of Certiorari to the United States Court of
Appeals for the District of Columbia Circuit
BRIEF OF AMICI CURIAE AMERICAN
THORACIC SOCIETY, AMERICAN MEDICAL
ASSOCIATION, AMERICAN ACADEMY OF
PEDIATRICS, AMERICAN COLLEGE OF
PHYSICIANS, AND LEADERS OF PUBLIC
HEALTH SCHOOLS, ET AL. IN SUPPORT OF
RESPONDENTS
Sara A. Colangelo
Counsel ofRecord
Jack H.L. Whiteley
GEORGETOWN LAW
ENVIRONMENTAL LAW
& JUSTICE CLINIC
600 New Jersey Ave., NW
Washington, D.C. 20001
(202) 661-6543
sara.colangelo@law.
georgetown.edu
TABLE OF CONTENTS
TABLE OF AUTHORITIES ....................................... ii
INTEREST OF AMICI CURIAE ................................ 1
INTRODUCTION ........................................................ 2
SUMMARY OF ARGUMENT ..................................... 3
ARGUMENT ................................................................ 5
I.
Anthropogenic climate change, fueled by
emissions of greenhouse gases such as carbon
dioxide, harms public health in the United
States .................................................................... 5
A. Climate change increases heat-related
illnesses, hospitalizations, and death ............ 6
B. Climate change fuels longer and more
intense fire seasons ...................................... 11
C. Climate change impairs air quality by
increasing pollen and ground level ozone ... 14
D. Climate change leads to increased flooding
and degraded water quality ......................... 17
E. Climate change leads to increased vectorborne diseases ............................................... 21
II. Climate change severely harms the health of
vulnerable populations ....................................... 23
III. The Clean Air Act empowers EPA to take
regulatory action to protect the public from
adverse health effects due to climate change .... 28
CONCLUSION .......................................................... 30
APPENDIX ......................................................... App.1
11
TABLE OF AUTHORITIES
Cases
American Electric Power Co. v. Connecticut,
564 U.S. 410 (2011) ................................................ 4
Massachusetts v. EPA,
549 U.S. 497 (2007) ................................................ 4
Whitman v. American Trucking Ass)],
531 U.S. 457 (2001) .............................................. 29
Statutes
42 u.s.c. § 7401 ........................................................ 28
42 u.s.c. § 7408 ........................................................ 29
42 u.s.c. § 7409 ........................................................ 29
42 u.s.c. § 7411 ........................................................ 29
42 u.s.c. § 7412 ........................................................ 29
42 u.s.c. § 7470 ........................................................ 29
42 u.s.c. § 7521 ........................................................ 29
Regulatory Materials
36 Fed. Reg. 5931 (Mar. 31, 1971) ............................ 29
111
74 Fed. Reg. 66,496 (Dec. 15, 2009) .......................... 29
80 Fed. Reg. 64,510 (Oct. 23, 2015) ........................ 4, 5
Legislative Materials
116 CONG. REC. S20,597 (1970) ................................. 28
136 CONG. REC. S16895 (1990) .................................. 29
Other Authorities
Aaron S. Bernstein & Samuel S. Myers,
Climate change and children's health, 23
Current Opinion in Pediatrics 221 (2011) ........... 24
Ambarish V. Karmalkar & Raymond S.
Bradley, Consequences ofGlobal
Warming of1.5°C and 2°C for Regional
Temperature and Precipitation Changes
in the Contiguous United States, 12
PLOS ONE e0168697 (2017) ................................. 7
Ambarish Vaidyanathan et al., HeatRelated Deaths - United States, 20042018, 69 Morbidity & Mortality Wkly.
Rep. 729 (2020) ..................................................... 26
IV
Ana G. Rappold et al., Cardio-respiratory
outcomes associated with exposure to
wild.ire smoke are modified by measures
ofcommunity health, 11 Envtl. Health
71 (2012) ............................................................... 13
Ana G. Rappold et al., Community
Vulnerability to Health Impacts of
Wildland Fire Smoke Exposure, 51
Envtl. Sci. & Tech. 667 4 (2017) ........................... 13
Ander Wilson et al., Climate change impacts
on projections ofexcess mortality at 2030
using spatially varying ozonetemperature risk surfaces, 27 J.
Exposure Sci. & Envtl. Epidemiology 118
(2017) .................................................................... 16
Andrea L. Roberts et al., Perinatal Air
Pollutant Exposures and Autism
Spectrum Disorder in the Children of
Nurses' Health Study II Participants,
121 Envtl. Health Persp. 978 (2013) ................... 25
Andrew Rorie & Jill A. Poole, The Role of
Extreme Weather and Climate-Related
Events on Asthma Outcomes, 41
Immunology & Allergy Clinics N. Am. 73
(2021) .................................................................... 15
Andy Haines et al., Climate change and
human health: impacts, vulnerability,
and mitigation, 367 Lancet 2101 (2006) ................ 6
V
Anthony L. Westerling et al., Warming and
Earlier Spring Increase Western U.S.
Forest Wildfire Activity, 313 Science 940
(2006) .................................................................... 11
Anthony J. McMichael et al., Climate
change and human health: present and
future risks, 367 Lancet 859 (2006) ....................... 8
Antonella Zanobetti et al., Summer
temperature variability and long-term
survival among elderly people with
chronic disease, 109 Proc. N at'l Acad.
Sci. 6608 (2012) .................................................... 27
Benedicte Jacquemin et al., Air pollution
and asthma control in the
Epidemiological study on the Genetics
and Environment ofAsthma, 66 J.
Epidemiology Cmty. Health 796 (2012) .............. 17
Bruce Bekkar et al., Association ofAir
Pollution and Heat Exposure with
Preterm Birth, Low Birth Weight, and
Stillbirth in the US: A Systematic
Review, 3 JAMA Network Open e208243
(2020) .............................................................. 10, 25
Carina J. Gronlund et al., Vulnerability to
renal, heat and respiratory
hospitalizations during extreme heat
among U.S. elderly, 136 Climatic Change
631 (2016) ............................................................. 26
Vl
Carolyn A. Reimann et al., Epidemiology of
Neuroinvasive Arboviral Disease in the
United States, 1999-2007, 79 Am. J.
Tropical Med. Hygiene 974 (2008) ....................... 22
Centers for Disease Control & Prevention,
Most Recent National Asthma Data,
Ctrs. for Disease Control & Prevention,
https://www.cdc.gov/asthma/most_recent
_national_asthma_data.htm ................................ 15
Centers for Disease Control and Prevention,
Potential Range ofthe Aedes aegypti and
Aedes albopictus in the United States,
2017, Ctrs. for Disease Control &
Prevention,
https://www .cdc.gov/mosquitoes/mosquito
-control/professionals/range.html ........................ 22
Clare Heaviside et al., The Urban Heat
Island· Implications for Health in a
Changing Environment, 4 Current Envtl.
Health Rep. 296 (2017) .......................................... 8
Clarisse Gautier & Denis Charpin,
Environmental triggers and avoidance in
the management ofasthma, 10 J.
Asthma & Allergy, 4 7 (2017) ............................... 15
Daniel A. Jaffe & Nicole L. Wigder, Ozone
production from wild.ires: A critical
review, 51 Atmospheric Env't 1 (2012) ................ 12
Vll
Daniel E. Sonenshine, Range Expansion of
Tick Disease Vectors in North America:
Implications for Spread of Tick-Borne
Disease, 15 Int'l J. Envtl. Res. Pub.
Health 478 (2018) ................................................. 23
David H. Levinson & Christopher J. Fettig,
Climate Change: Overview ofData
Sources, Observed and Predicted
Temperature Changes, and Impacts on
Public and Environmental Health, in
Global Climate Change and Public
Health (Kent E. Pinkerton & William N.
Rom eds., 2014) ...................................................... 6
Drew Shindell et al., The Effects ofHeat
Exposure on Human Mortality
Throughout the United States, 4
GeoHealth 1 (2020) ............................................ 6, 8
Eric B. Brandt et al., Air pollution, racial
disparities, and COVID-19 mortality, 146
J. Allergy & Clinical Immunology 61
(2020) .................................................................... 28
G. Brooke Anderson et al. Heat-related
Emergency Hospitalizations for
Respiratory Diseases in the Medicare
Population, 187 Am. J. Respiratory &
Critical Care Med. 1098 (2013) ...................... 10, 27
Vlll
Gary S. Rachelefsky, From the Page to the
Clinic: Implementing New National
Asthma Education and Prevention
Program Guidelines, 9 Clinical
Cornerstone 9 (2009) ............................................ 16
Gennaro D'Amato et al., Urban Air
Pollution and Climate Change as
Environmental Risk Factors of
Respiratory Allergy: An Update, 20 J.
Investigational Allergology & Clinical
Immunology 95 (2010) ......................................... 24
Gill Livingston et al., Dementia prevention,
intervention and care: 2020 report ofthe
Lancet Commission, 396 Lancet
Commissions 413 (2020) ...................................... 26
Greg Holland & Cindy L. Bruyere, Recent
intense hurricane response to global
climate change, 42 Climate Dynamics
617 (2013) ............................................................. 19
Gulcan Cil & Trudy Anne Cameron,
Potential Climate Change Health Risks
from Increases in Heat Waves: Abnormal
Birth Outcomes and Adverse Maternal
Health Conditions, 37 Risk Analysis
2066 (2017) ........................................................... 25
Heather L. Bromberg et al., Ambient Air
Pollution: Health Hazards to Children,
147 Pediatrics e2021051484 (2021) ..................... 24
IX
Helene G. Margolis, Heat Waves and Rising
Temperatures: Human Health Impacts
and the Determinants of Vulnerability,
in Global Climate Change and Public
Health (Kent E. Pinkerton & William N.
Rom eds. 2014) ....................................................... 9
Ilia Rochlin et al., Climate Change and
Range Expansion ofthe Asian Tiger
Mosquito (Aedes Albopictus) in
Northeastern USA: Implications for
Public Health Practitioners, 8 PLOS
ONE e60874 (2013) ........................................ 21, 23
International Labour Organization,
Working on a warmer planet: The impact
ofheat stress on labour productivity and
decent work (2019) ................................................. 9
Isobel Braithwaite et al., Air Pollution
(Particulate Matter) Exposure and
Associations with Depression, Anxiety,
Bipolar, Psychosis and Suicide Risk: A
Systematic Review and Meta-Analysis,
127 Envtl. Health Persp. 126002 (2019) ............. 13
Ivar S.A. Isaksen et al., Atmospheric
composition change: Climate-Chemistry
interactions, 43 Atmospheric Env't 5138
(2009) .................................................................... 16
X
Jaime Madrigano et al., A Case-Only Study
of Vulnerability to Heat Wave-Related
Mortality in New York City (2000-2011),
123 Envtl. Health Persp. 672 (2015) ................... 27
James E. Neumann et al., Estimates of
Present and Future Asthma Emergency
Department Visits Associated with
Exposure to Oak, Birch, and Grass
Pollen in the United States, 3 GeoHealth
11 (2019) ............................................................... 15
Janet L. Gamble et al., Climate Change and
Older Americans: State ofthe Science,
121 Envtl. Health Persp. 15 (2013) ..................... 26
Jayajit Chakraborty & Paul A. Zandbergen,
Children at risk: measuring raciaVethnic
disparities in potential exposure to air
pollution at school and home, 61 J.
Epidemiology & Cmty. Health 1074
(2017) .................................................................... 28
Jeremy S. Littell et al., Climate and wildfire
area burned in western U.S.
ecoprovinces, 1916-2003, 19 Ecological
Applications 1003 (2009) ...................................... 11
Jennifer D. Stowell et al., Associations of
wildfire smoke PM2_5exposure with
cardiorespiratory events in Colorado
2011-2014, 133 Env't Int'l 105151 (2019) ...... 12, 13
Xl
Jennifer D. Stowell et al., The impact of
climate change and emissions control on
future ozone levels: Implications for
human health, 108 Env't Int'l 41 (2017) ............. 17
Jia Coco Liu et al., Mo Among the Elderly
Is Most Vulnerable to Exposure to and
Health Risks ofFine Particulate Matter
From Wild.ire Smoke?, 186 Am. J.
Epidemiology 730 (2017) ...................................... 27
Jill A. Poole et al., Impact of weather and
climate change with indoor and outdoor
air quality in asthma: A Work Group
Report ofthe AAAAI Environmental
Exposure and Respiratozy Health
Committee, 143 J. Allergy Clinical
Immunology 1702 (2019) ..................................... 19
Jingwen Liu et al., Is there an association
between hot weather and poor mental
health outcomes? A systematic review
and meta-analysis, 153 Env't Int'l
106533 (2021) ....................................................... 10
Joanne Silberner, Heat wave causes
hundreds ofdeaths and hospitalizations
in Pacific north west, 374 BMJ 1696
(2021) ...................................................................... 3
Johanna Lepeule et al., Chronic Exposure to
Fine Particles and Mortality: An
Extended Follow-up ofthe Harvard Six
Cities Study from 1974 to 2009, 120
Envtl. Health Persp. 965 (2012) .......................... 13
Xll
John T. Abatzoglou & A. Park Williams,
Impact ofanthropogenic climate change
on wildfire across western US forests, 42
Proc. Nat'l Acad. Sci. 11770 (2016) ...................... 12
Jonathan A. Patz et al., Climate Change
and Waterborne Disease Risk in the
Great Lakes Region ofthe U.S., 35 Am.
J. Preventive Med. 451 (2008) ............................. 20
Jonathan Colmer et al., Disparities in PM.5
air pollution in the United States, 369
Science 575 (2020) ................................................ 28
Katelyn O'Dell et al., Estimated Mortality
and Morbidity Attributable to Smoke
Plumes in the United States: Not Just a
Western US Problem, 5 GeoHealth
e2021GH000457 (2021) ........................................ 13
Katherine Shea, Global Climate Change and
Children~ Health, 120 Pediatrics 1359
(2007) .................................................................... 24
Katie Hayes et al. Climate change and
mental health: risks, impacts and
priority actions, 12 Int'l J. Mental Health
Sys. 28 (2018) ....................................................... 14
Kelly Moore et al., Ambient Ozone
Concentrations Cause Increased
Hospitalizations for Asthma in Children:
An 18-Year Study in Southern
California, 116 Envtl. Health Persp.
1063 (2008) ........................................................... 17
Xlll
Kim Knowlton et al., Assessing OzoneRelated Health Impacts under a
Changing Climate, 112 Envtl. Health
Persp. 1557 (2004) ................................................ 17
Kim Knowlton et al., Six Climate ChangeRelated Events in the United States
Accounted for About $14 Billion In Lost
Lives and Health Costs, 30 Health Aff.
2167 (2011) ....................................................... 6, 19
Kim Knowlton et al., The 2006 California
Heat Wave: Impacts on Hospitalizations
and Emergency Department Visits, 117
Envtl. Health Persp. 61 (2009) ............................ 24
Lewis Ziska & Dilys Berman, Impact of
Climate Change on Aeroallergenic Pollen
Metrics: A Hemispheric Perspective, 33
Current Allergy & Clinical Immunology
93 (2020) ............................................................... 14
Lewis Ziska et al., Recent warming by
latitude associated with increased length
ofragweedpollen season in central
North America, 108 Proc. Nat'l Acad. Sci.
4248 (2011) ........................................................... 14
Margaret A. Riggs et al., Resident cleanup
activities, characteristics ofDooddamaged homes and airborne microbial
concentrations in New Orleans,
Louisiana, October 2005, 106 Envtl. Res.
401 (2005) ............................................................. 19
XIV
Marshall Burke et al., Climate and Conflict,
7 Annual Rev. Econ. 577 (2015) ........................... 11
Marshall Burke et al., Higher Temperatures
increase suicide rates in the United
States and Mexico, 8 Nature Climate
Change 723 (2018) ................................................ 11
Marshall Burke et al., The changing risk
and burden of wildfire in the United
States, 118 Proc. N at'l Acad. Sci.
e2011048118 (2021) ............................................. 12
Mary B. Rice et al., Association ofoutdoor
temperature with lung function in a
temperate climate, 53 Eur. Respiratory
J. 1 (2019) ............................................................. 10
Mary B. Rice et al., Respiratory Impacts of
Wildland Fire Smoke: Future Challenges
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the American Thoracic Soc'y 921 (2021) ....... 12, 26
Mary E. Strek, Diflicult Asthma, 3 Proc.
Am. Thoracic Soc'y 116 (2006) ............................. 16
Mercedes Medina-Ramon & Joel Schwartz,
Temperature, temperature extremes,
and mortality: a study ofacclimatisation
and effect modification in 50 US cities,
64 J. Occupational & Envtl. Med. 827
(2007) ...................................................................... 7
xv
Michael A. Robert et al., Climate change
and viral emergence: Evidence from
Aedes-borne arboviruses, 40 Current
Opinion Virology 41 (2020) .................................. 21
Nana Mireku et al. Changes in weather and
the effects on pediatric asthma
exacerbations, 103 Annals of Allergy,
Asthma & Immunology 220 (2009) ................ 10, 25
Nathan D. Grubaugh et al., Genomic
epidemiology reveals multiple
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Global Climate Report for June 2021,
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2106 ......................................................................... 2
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distribution and economic value of
climate-change ozone health impacts in
the United States in 2030, 65 J. of the
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Nick Obradovich et al., Empirical evidence
ofmental health risks posed by climate
change, 115 Proc. N at'l Acad. Sci. 10953
(2018) .................................................................... 10
XVI
Nick Obradovich et al., Nighttime
temperature and human sleep loss in a
changing climate, 3 Sci. Advances.
E1601555 (2017) ................................................... 10
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air pollution particulate matter (PM) as
risk factor for attention
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and causalities, 354 Toxicology &
Applied Pharmacology 196 (2018) ....................... 25
Paul Epstein, The ecology ofclimate change
and infectious diseases: comment, 91
Ecology 925 (2010) ......................................... 21, 22
Paul J. Schramm et al., Heat-Related
Emergency Department Visits During
the Northwestern Heat Wave - United
States, June 2021, 70 Morbidity and
Mortality Wkly. Rep. 1020 (2021) ......................... 2
Philip E. Dennison et al., Large wild.ire
trends in the western United States,
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2928 (2014) ..................................................... 11, 12
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by heat exposure, both internationally
and within the United States, 5 Nature
Human Behavior 19 (2020) .................................. 10
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Stress and Public Health: A Critical
Review, 29 Ann. Rev. Pub. Health 41
(2008) ...................................................................... 9
Roger D. Peng et al., Toward a Quantitative
Estimate ofFuture Heat Wave Mortality
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Health Persp. 701 (2011) ..................................... 10
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mortality: a review ofepidemiologic
studies from 2001 to 2008, 8 Envtl.
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wild.ire smoke exposure during
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Samantha Ahdoot & Susan E. Pacheco,
Global Climate Change and Children's
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Int'l 106644 (2021) ............................................... 26
Sebastian T. Rowland et al., Can ultra
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(2014) .................................................................... 18
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1
INTEREST OF AMICP
Amici are leading physician-member public
health organizations, as well as deans, directors, and
chairs of public health schools across the country.
Organizational amici include the American Thoracic
Society, American Medical Association, American
Academy of Pediatrics, American College of
Physicians, National Medical Association, The
Endocrine Society, American Society of Hematology,
Academic Pediatric Association, American Medical
Women's Association, Society of General Internal
Medicine, The American Academy of Allergy, Asthma
& Immunology, American Association for Community
Psychiatry, American Association of Respiratory Care,
American College of Occupational and Environmental
Medicine, Climate Psychiatry Alliance, American
Academy of Otolaryngic Allergy, and the American
Society of Cataract and Refractive Surgery. A
complete list of the 42 individual amici and their
institutional affiliations appears in Appendix A.
Amici are deeply concerned about the serious and
widespread public health harms resulting from
anthropogenic climate change, including illness and
premature death, and escalating emergency room
visits throughout the United States. This brief
describes the public health necessity of regulatingand reducing-emissions of greenhouse gases such as
Pursuant to Rule 37.6, amici state that no counsel for a
party authored this brief in whole or in part and that no person
other than amici and their counsel made a monetary contribution
to its preparation or submission. All parties filed a blanket
consent to the filing of amicus briefs with the exception of the
Power Company Respondents. Amici obtained consent from the
Power Company Respondents on December 16, 2021.
1
2
carbon dioxide that fuel climate change (collectively,
"climate pollutants"). The resolution of this case could
have a profound impact on the ability of the
Environmental Protection Agency ("EPA" or "the
Agency'') to set emissions standards for the largest
industrial source of climate pollutants in the United
States. Any ruling that reduces the ability of EPA to
discharge its public health mission under the Clean
Air Act would harm the public welfare. Amici's
collective medical expertise and experience lead them
to support the position of the respondents.
INTRODUCTION
June 2021 was the warmest month ever recorded
on the United States mainland. 2 Temperatures soared
across the Pacific Northwest, reaching 116°F in
Portland. 3 As record-shattering temperatures seared
Oregon and Washington, people flooded emergency
rooms seeking care. On June 28th, the U.S.
Department of Health and Human Services reported
1,038 emergency room visits for heat-related illness
across the Pacific Northwest region; one year earlier
on the same day, there were nine. 4 Hospital systems,
National Oceanic and Atmospheric Administration, State
of the Climate: Global Climate Report for June 2021, National
Centers
for
Environmental
Information,
https://www .ncdc.noaa.gov/sotc/globaV202106 (last accessed
January 12, 2022).
3 Paul J. Schramm et al.,
Heat-Related Emergency
Department Visits During the Northwestern Heat Wave United States, June 2021, 70 Morbidity and Mortality Wkly. Rep.
1020, 1020 (2021) (noting that temperatures reached 42°F hotter
than average June temperatures).
4 Id.
2
3
already stressed by the COVID-19 pandemic,
struggled to admit the surge of patients and medical
equipment overheated. 5
Higher temperatures and punishing heat waves
that contribute to illness and injury are two prominent
effects of climate change that harm public health.
America's
leading
physician-member
medical
organizations and public health experts submit this
brief to draw the Court's attention to the exigent
health threats from climate change. Driven by fossil
fuel emissions, climate pollutants harm public health
across every segment of American society and in every
state. The consequences of climate change impair
pulmonary,
cardiovascular,
neurological,
immunological, behavioral health, and other vital
systems and functions.
The scale and gravity of these dangers demand
regulatory action to reduce emissions of greenhouse
gases, including carbon dioxide. Amici urge this Court
not to reduce the EPA's ability to regulate carbon
dioxide emissions from power plants to protect public
welfare and mitigate future public health harms.
SUMMARY OF ARGUMENT
Human-generated greenhouse gas em1ss1ons,
including carbon dioxide from fossil-fuel combustion,
have changed weather patterns and other natural
cycles across the world. If left unchecked, this trend
will continue, with worsening and compounding public
health consequences. In the United States,
Joanne Silberner, Heat wave causes hundreds of deaths
and hospitalizations in Pacific north west, 374 BMJ 1696, 1696
5
(2021).
4
greenhouse gas-related changes to the weather
include more frequent heat waves, higher average
temperatures, more forest and urban fires, more air
pollution, longer and intensified allergy seasons, more
potent and frequent storms and flooding, and
expansion in the range of disease-carrying insects. All
of these changes will continue to have dangerous
health consequences.
These consequences include rises in heat-related
illnesses, air pollution-related respiratory and
cardiovascular illnesses, injuries and deaths caused by
severe fires and storms, the spread of vector-borne
diseases like Zika and Dengue, and increases in
asthma attack-triggering pollen and mold. The effects
of greenhouse gas emissions are occurring in all fifty
states, but the harms are not equally distributed.
Climate pollutants' most grievous harms beset
children and infants, pregnant women, people over 65,
and communities of color and of low income.
Volumes of peer-reviewed science on such health
effects reinforce the conclusion that climate pollutants
warrant action from EPA. The Clean Air Act
authorizes EPA to regulate greenhouse gases as air
pollutants as defined under the Act, Massachusetts v.
EPA, 549 U.S. 497, 528-532 (2007), and mandates
their regulation because they endanger public health
and welfare. 80 Fed. Reg. 64,510, 64,530-31 (Oct. 23,
2015). As this Court affirmed, "Congress delegated to
EPA the decision whether and how to regulate carbondioxide emissions from powerplants." American
Electric Power Co. v. Connecticut, 564 U.S. 410, 426
(2011).
The EPA's authority to regulate carbon dioxide
emissions from power plants is critical to mitigate the
5
scale of health effects of climate pollutants. The Court
should be mindful of Congress's decision to provide
EPA regulatory authority to address this type of
threat to public health. Any retrenchment in the scope
of that authority would inflict further harm to the
health of current and future generations.
ARGUMENT
I.
Anthropogenic climate change, fueled by
emissions of greenhouse gases such as
carbon dioxide, harms public health in the
United States.
The term "anthropogenic climate change"
describes the effects caused by elevated concentrations
of greenhouse gases, which trap a higher portion of the
sun's heat that the Earth radiates back into space,
leading to rises in global land and ocean
temperatures. 6 In the United States, power plants are
''by far" the largest industrial emitters of greenhouse
gases. 80 Fed. Reg. at 64,530.
The studies cited in this brief summarize the
medical consensus regarding the dire consequences of
warming and unstable climate conditions. Report after
report establish the escalating toll climate change
exacts on public health in the United States. They
document the millions of Americans experiencingand who are predicted to experience-climate changelinked health consequences. Some of these studies
measure human health costs in hospitalizations, or
6 See, e.g., U.S. Environmental Protection Agency, Causes
of Climate
Change,
https://www.epa.gov/climatechangescience/causes-climate-change (last visited January 12, 2022).
6
missed school and work days. 7 Others, evaluate them
economically in billions of real dollars. 8 Still others,
determine them by quantifying lives shortened and
lives lost. 9
A. Climate change increases heat-related
illnesses, hospitalizations, and death.
Climate change results in higher ambient
temperatures 10 and more "heat waves," unusually hot
weather that exceeds regional averages for two or
more days, 11 among other physical transformations.
7 Neal Fann et al., The geographic distribution and
economic value of climate-change ozone health impacts in the
United States in 2030, 65 J. of the Air & Waste Mgmt. Ass'n 570,
574 (2015).
8 See, e.g., Kim Knowlton et al., Six Climate ChangeRelated Events in the United States Accounted for About $14
Billion In Lost Lives and Health Costs, 30 Health Aff. 2167, 2168
(2011).
9 Drew Shindell et al., The Effects of Heat Exposure on
Human Mortality Throughout the United States, 4 GeoHealth 1,
7 (2020) (examining impacts of projected climate change, and
estimating that during the 2010 decade, 12,000 premature U.S.
heat-related deaths occurred annually).
10 See, e.g., David H. Levinson & Christopher J. Fettig,
Climate Change: Overview of Data Sources, Observed and
Predicted Temperature Changes, and Impacts on Public and
Environmental Health, in Global Climate Change and Public
Health 31, 33-36 (Kent E. Pinkerton & William N. Rom eds.,
2014) (summarizing leading research on past and projected
increases in ambient temperatures).
11 Tiffany T. Smith et al., Heat waves in the United States:
definitions, patterns, and trends, 118 Climatic Change 811, 81214 (2013); A. Haines et al., Climate change and human health:
impacts, vulnerability, and mitigation, 367 Lancet 2101, 2102
(2006) (concluding that human influence on climate has at least
doubled the risk of major heat waves).
7
The northern hemisphere is warming faster than the
rest of the world, with the northeast suffering the
swiftest warming in the contiguous United States. 12
The connection between rising temperatures and
health is direct and deadly. 13 Decades of data from
Georgia to Washington State demonstrate that
intensifying heat resulting from climate change
increases emergency room visits for cardiac,
pulmonary, and kidney failures, as well as stroke,
asthma attacks, and diabetes complications. 14 Even
relatively short exposure to extreme heat events is
associated with an elevated hourly heart attack rate. 15
12 Ambarish V. Karmalkar & Raymond S. Bradley,
Consequences of Global Warming of 1.5°C and 2°c for Regional
Temperature and Precipitation Changes in the Contiguous
United States, 12 PLOS ONE e0168697 (2017).
13 Shakoor Hajat & Tom Kosatky, Heat-related mortality:
a review and exploration ofheterogeneity, 64 J. Epidemiology &
Cmty. Health 753, 754 (2010) (determining that risk of mortality
in various cities increased by 1-3 percent with each degreeCentigrade increase in temperature); Mercedes Medina-Ramon
& Joel Schwartz, Temperature, temperature extremes, and
mortality: a study ofacclimatisation and effect modification in 50
US cities, 64 J. Occupational & Envtl. Med. 827, 829 (2007)
(identifying causal relationship based on over six million
observations).
14 Tianqi Chen et al., Time-series Analysis ofHeat Waves
and Emergency Department Visits in Atlanta, 1993 to 2012, 125
Envtl. Health Persp. 057009 (2017); Tania Busch Isaksen et al.,
Increased hospital admissions associated with extreme-heat
exposure in King County, Washington, 1990-2010, 30 Rev. Envtl.
Health (2015).
15 Sebastian T. Rowland et al., Can ultra short-term
changes in ambient temperature trigger myocardial infarction?,
143 Env't lnt'l 105910, 105916 (2020).
8
Premature heat-related deaths in the contiguous
U.S. are estimated at 12,000 per year. 16 Certain risk
factors exacerbate the mortality impacts of heat
waves. Large segments of the U.S. population with
common pre-existing health conditions, especially the
very young or the elderly, are at heightened risk 17 as
"[m]ost heatwave deaths occur in people with . . .
cardiovascular ... or chronic respiratory diseases." 18
Residents in urban areas also suffer from the ''heat
island" effect of concrete surfaces heating faster and
holding heat longer than vegetation and water
surfaces prevalent in non-urban areas. 19 And
populations living in locations with historically lower
temperatures often lack air conditioning and other
adaptations, and thus experience higher mortality
rates from heat waves. 20
Heat waves and higher temperatures also cause
a number of other serious health effects. One effect is
See, e.g., Shindell et al., supra note 9, at 7.
See, e.g., Rupa Basu, High ambient temperature and
mortality: a review ofepidemiologic studies from 2001 to 2008, 8
Envtl. Health 40 (2009) (determining that the groups most
vulnerable to elevated heat-related deaths included infants and
young children, and those over 65).
18 Anthony J. McMichael et al., Climate change and human
health: present and future risks, 367 Lancet 859, 861 (2006).
19 See id ("Thermally inefficient housing and the so-called
urban heat island effect . . . amplify and extend the rise in
temperatures (especially overnight)"); Clare Heaviside et al., The
Urban Heat Island: Implications for Health in a Changing
Environment, 4 Current Envtl. Health Rep. 296 (2017).
20 William N. Rom & Kent E. Pinkerton, Introduction:
Consequences of Global Warming to the Public's Health, in
Global Climate Change and Public Health 1, 10 (Kent E.
Pinkerton & William N. Rom eds., 2014).
16
17
9
''heat stress," when the body receives heat "in excess
of what it can tolerate without physiological
impairment."21 U.S. labor productivity impairment
from heat stress is projected to double between 1995
and 2030. 22 "The expected productivity loss in 2030 is
equivalent to 389,000 full-time jobs ... concentrated
in the southern states
. and concern[ing] mostly
outdoor workers, such as construction workers and
farm[ers] ...."23
Other health harms associated with heat waves
and higher temperatures include heat stroke, 24
adverse birth outcomes for pregnant women, 25 and
21 Tord Kjellstrom et al., Heat, Human Performance, and
Occupational Health: A Key Issue for the Assessment of Global
Climate Change Impacts, 37 Ann. Rev. Pub. Health 97, 98 (2016).
22 International Labour Organization,
Working on a
warmer planet: The impact ofheat stress on labour productivity
and decent work, 43 (2019).
2s Id.
24 R. Sari Kovats & Shakoor Hajat, Heat Stress and Public
Health: A Critical Review, 29 Ann. Rev. Pub. Health 41, 42, 47
(2008) (noting danger of and risk factors for heat stroke); Helene
G. Margolis, Heat Waves and Rising Temperatures: Human
Health Impacts and the Determinants of Vulnerability, in Global
Climate Change and Public Health, 85, 97-100 (Kent E.
Pinkerton & William N. Rom eds. 2014) (describing pathways
through which high temperatures can lead to adverse health
outcomes).
25 Bruce Bekkar et al., Association of Air Pollution and
Heat Exposure with Preterm Birth, Low Birth Weight, and
Stillbirth in the US: A Systematic Review, 3 JAMA Network
Open e208243 (2020) (providing a review of 57 studies and
concluding heat, ozone, and fine particulate matter are all
associated with preterm birth, low birth weight, and stillbirth).
10
decreased lung function. 26 For example, a study of 12.5
million Medicare beneficiaries across 213 U.S.
counties found that each 10°F increase in daily
temperature was associated with a 4.3 percent
increase in same-day emergency hospitalizations for
respiratory diseases. 27 Further, extreme heat has
significant adverse effects on mental health. 28 Heat
waves impair cognition, moods, and sleep, 29 and
26 Mary B. Rice et al., Association of outdoor temperature
with lung function in a temperate climate, 53 Eur. Respiratory
J. 1, 1 (2019) (establishing that "1-, 2- and 7-day [higher] average
temperatures were all associated with lower lung function."); see
also Nana Mireku et al. Changes in weather and the effects on
pediatric asthma exacerbations, 103 Annals of Allergy, Asthma
& Immunology 220, 223 (2009).
27 See G. Brooke Anderson et al. Heat-related Emergency
Hospitalizations for Respiratory Diseases in the Medicare
Population, 187 Am. J. Respiratory & Critical Care Med. 1098,
1098 (2013).
28 Nick Obradovich et al., Empirical evidence of mental
health risks posed by climate change, 115 Proc. Nat'l Acad. Sci.
10953 (2018) (analyzing meteorological and climatic data, with 2
million U.S. residents between 2002 and 2012 that reported
mental health difficulties); Jingwen Liu et al., Is there an
association between hot weather and poor mental health
outcomes? A systematic review and meta-analysis, 153 Env't
Int'l 106533 (2021).
29 R. Jisung Park et al., Learning is inhibited by heat
exposure, both internationally and within the United States, 5
Nature Human Behavior 19 (2020); Nick Obradovich et al.,
Nighttime temperature and human sleep loss in a changing
climate, 3 Sci. Advances. E1601555 (2017) (noting the "integral
role" temperature plays in sleep function and reporting on
"anomalous nighttime temperatures harm[ing] the sleep quality
of individuals").
11
contribute to increases of aggression and suicide. 30
Without curbing greenhouse gas emissions, ambient
temperatures and heat waves will intensify, with
profound consequences for human health. 31
B. Climate change fuels longer and more
intense fire seasons.
Wildfires and fires in densely populated areas
lead directly to loss of life and property, and are
increasing in frequency, duration, and intensity. 32
Multiple studies conclude that worsening fire seasons
are largely attributable to climate change, due to
increases in temperatures and aridity, and earlier
snowmelt. 33 The United States became significantly
30 Marshall Burke et al., Climate and Conflict, 7 Annual
Rev. Econ. 577 (2015); Marshall Burke et al., Higher
Temperatures increase suicide rates in the United States and
Mexico, 8 Nature Climate Change 723 (2018).
31 Roger D. Peng et al., Toward a Quantitative Estimate of
Future Heat Wave Mortality under Global Climate Change, 119
Envtl. Health Persp. 701, 701 (2011) ("The impact of future heat
waves on human health will likely be profound, and significant
gains can be expected by lowering future carbon dioxide
emissions.").
32 See, e.g., Philip E. Dennison et al., Large wild.ire trends
in the western United States, 1984-2011, 41 Geophys. Res.
Letters 2928 (2014) (finding number of large U.S. fires
increasing); Jeremy S. Littell et al., Climate and wild.ire area
burned in western U.S. ecoprovinces, 1916-2003, 19 Ecological
Applications 1003 (2009) (finding U.S. area burned in fires
increasing); A.L. Westerling et al., Warming and Earlier Spring
Increase Western U.S. Forest Wildfire Activity, 313 Science 940
(2006) (finding U.S. fire season duration increasing).
33 See, e.g., Mary B. Rice et al., Respiratory Impacts of
Wildland Fire Smoke: Future Challenges and Policy
Opportunities, 18 Annals of the American Thoracic Soc'y 921
12
more wildfire-prone in the past four decades, 34 with
the area burned from wildfires quadrupling. 35
Wildfires release high concentrations of pollutants,
including particulate matter and chemical compounds
which form ground-level ozone. 36 These pollutants
harm populations far from the western United States
where fires typically burn, reaching Midwestern and
Northeastern states. 37
Indeed, as of 2017, an
estimated 10 percent of the U.S. population,
(2021) (observing wildfire activity increases are largely
attributable to climate change rather than land use or forest
management); John T. Abatzoglou & A. Park Williams, Impact
of anthropogenic climate change on wildfire across western US
forests, 42 Proc. Nat'l Acad. Sci. 11770, 11770 (2016) ("humancaused climate change caused over half of the documented
increases in fuel aridity since the 1970s and doubled the
cumulative forest fire area since 1984").
34 See Dennison et al., supra note 32, at 2932-33; Steven W.
Running, Is Global Warming Causing More, Larger Wildfires?,
313 Science 927, 927 (2006) (reporting a fourfold increase in
major American wildfires since 1986).
35 Marshall Burke et al., The changing risk and burden of
wildfire in the United States, 118 Proc. Nat'l Acad. Sci.
e2011048118 (2021).
36 Jennifer D. Stowell et al., Associations of wildfire smoke
Pftfa_5exposure with cardiorespiratory events in Colorado 20112014, 133 Env't lnt'l 105151 (2019) (demonstrating that
increased exposure to wildfire-derived PM2.5 was associated with
increased respiratory hospitalizations, when separating out
background PM); Daniel A. Jaffe & Nicole L. Wigder, Ozone
production from wildfires: A critical review, 51 Atmospheric
Env't 1, 2, 7 (2012).
37 See, e.g., Katelyn O'Dell et al., Estimated Mortality and
Morbidity Attributable to Smoke Plumes in the United States:
Not Just a Western US Problem, 5 GeoHealth e2021GH000457
(2021).
13
approximately 30.5 million people, reside where
wildfire can contribute a significant burden to their
exposure to fine particulate matter. 38
Wildfire-generated particulate matter increases
respiratory and cardiac hospitalizations. For example,
studies in Colorado demonstrate marked escalation in
emergency visits and hospitalizations for asthma from
wildfire-generated particulate matter. 39 There is also
strong evidence that exposure to particulate matter
increases risk of death, even for those without
preexisting conditions. 4°Further, the growing severity
and frequency of weather-related climate disasters
harm mental health, as well, when wildfires and
storms destroy homes and communities. 41 Responses
range from post-traumatic stress disorder, to new
A.G. Rappold et al., Community Vulnerability to Health
Impacts of Wildland Fire Smoke Exposure, 51 Envtl. Sci. & Tech.
6674, 6674 (2017).
39 Stowell et al., supra note 36.
40 Ana G. Rappold et al., Cardio-respiratory outcomes
associated with exposure to wildfire smoke are modified by
measures of community health, 11 Envtl. Health 71, 71 (2012);
Johanna Lepeule et al., Chronic Exposure to Fine Particles and
Mortality: An Extended Follow-up of the Harvard Six Cities
Study from 1974 to 2009, 120 Envtl. Health Persp. 965, 968
(2012).
41 See Isobel Braithwaite et al., Air Pollution (Particulate
Matter) Exposure and Associations with Depression, Anxiety,
Bipolar, Psychosis and Suicide Risk: A Systematic Review and
Meta-Analysis, 127 Envtl. Health Persp. 126002 (2019) (finding
ozone and particulate matter exposure is linked to increased
incidence of depression, anxiety, and dementia).
38
14
onset or exacerbation of psychiatric disorders, to
complex grief, among other disorders. 42
C. Climate change impairs air quality by
increasing pollen and ground level ozone.
1. Pollen
Climate change is the dominant driver of the
United States' lengthening pollen season and a
significant
contributor to
increasing
pollen
43
Warmer temperatures lengthen
concentrations.
pollen seasons because plants bloom earlier and for
longer periods of time. 44 In addition, climate change's
meteorological effects include more frequent and
severe thunderstorms, which cause sudden pollen
releases 45 and break pollen into smaller particles,
42 Katie Hayes et al. Climate change and mental health:
risks, impacts and priority actions, 12 Int'l J. Mental Health Sys.
28 (2018).
43 See, e.g., William R.L. Anderegg et al., Anthropogenic
climate change is worsening North American pollen seasons, 118
Proc. Nat'l Acad. Sci. e2013284118 (2021); L.H. Ziska & D.
Berman, Impact of Climate Change on Aeroallergenic Pollen
Metrics: A Hemispheric Perspective, 33 Current Allergy &
Clinical Immunology 93 (2020); Yong Zhang et al., Allergenic
pollen season variations in the past two decades under changing
climate in the United States, 21 Global Change Biology 1581,
1583-86 (2015).
44 Lewis Ziska et al., Recent warming by latitude associated
with increased length ofragweed pollen season in central North
America, 108 Proc. N at'l Acad. Sci. 4248, 4248 (2011)
(documenting that between 1995 and 2009, the ragweed pollen
season lengthened by 13-27 days above the forty-fourth parallel,
which encompasses portions of the United States).
45 Shuaib M. Nasser & Thomas B. Pulimood, Allergens and
Thunderstorm Asthma, 9 Current Allergy & Asthma Rep. 384,
387-88 (2009).
15
enabling its allergens to penetrate deeper into the
lungs. 46 The predictable result: more asthma attacks
and more emergency room visits. 47
Like the heat-related dangers described above,
the impacts of pollen are more severe for people with
pre-existing health conditions. Longer and more
intense allergy seasons pose a substantial threat to
the approximately 25.1 million Americans with
asthma, 48 because pollen triggers attacks in
asthmatics who are allergic to pollen. 49 Nearly nine
percent of the nation's school age children have
asthma. 50 Asthma exacerbations keep children out of
46 Andrew Rorie & Jill A. Poole, The Role of Extreme
Weather and Climate-Related Events on Asthma Outcomes, 41
Immunology & Allergy Clinics N. Am. 73 (2021).
47 James E. Neumann et al., Estimates of Present and
Future Asthma Emergency Department Visits Associated with
Exposure to Oak, Birch, and Grass Pollen in the United States,
3 GeoHealth 11, 24 (2019) (determining health impacts for
exposure to current and potential future pollen loads under
multiple climate scenarios).
48 Centers for Disease Control & Prevention, Most Recent
National Asthma Data, Ctrs. for Disease Control & Prevention
https://www.cdc.gov/asthma/most_recent_national_asthma_dat
a.htm (last accessed January 18, 2022).
49 Clarisse Gautier & Denis Charpin, Environmental
triggers and avoidance in the management of asthma, 10 J.
Asthma & Allergy, 4 7 (2017); Susan C. Anenberg et al., Impacts
of oak pollen on allergic asthma in the United States and
potential influence offuture climate change, 1 GeoHealth 80, 90
(2009).
5° Centers for Disease Control and Prevention, supra note
48 (calculating the number of children 5-17 in the U.S. with
asthma).
16
school and adults out of work. 51 Recurrent
exacerbations can cause permanent airway damage
and often require costly medical care. 52
2. Ground-Level Ozone
Warmer temperatures that come with higher
atmospheric concentrations of greenhouse gases
increase ground-level ozone. 53 Ground-level ozone is
created through a photochemical reaction between
nitrogen oxides, volatile organic compounds, heat and
sunlight. 54 It causes difficulty breathing, coughing and
shortness of breath, and contributes to respiratoryrelated death. 55
51 Susan M. Pollart et al., Management of Acute Asthma
Exacerbations, 84 Am. Family Physician 40, 43 (2011); Mary E.
Strek, Di.iicult Asthma, 3 Proc. Am. Thoracic Soc'y 116, 118
(2006).
52 Gary S. Rachelefsky, From the Page to the Clinic:
Implementing New National Asthma Education and Prevention
Program Guidelines, 9 Clinical Cornerstone 9, 9-10 (2009).
53 Fann et al., supra note 7, at 570 ("Climate change can
affect air pollutant concentrations in a myriad of ways.
Meteorological factors, such as temperatures, cloudiness,
precipitation frequency and intensity, ... all ... influence air
quality by determining photochemical reaction rates . . . .");
LS.A. Isaksen et al., Atmospheric composition change: ClimateChemistry interactions, 43 Atmospheric Env't 5138, 5169 (2009).
54 Fann et al., supra note 7, at 570.
55 Ander Wilson et al., Climate change impacts on
projections of excess mortality at 2030 using spatially varying
ozone-temperature risk surfaces, 27 J. Exposure Sci. & Envtl.
Epidemiology 118, 118--124 (2017) (modeling ozone-related
mortality due to projected changes in climate conditions);
Jennifer D. Stowell et al., The impact of climate change and
emissions control on future ozone levels: Implications for human
17
People suffering from pre-existing lung disease,
and children with still-developing lungs, are especially
susceptible to the harmful effects of ozone exposure.
Even modest and relatively brief increases in groundlevel ozone are linked to an elevated risk of
hospitalization for patients with asthma and chronic
obstructive pulmonary disease. 56 Tens of thousands of
additional ozone-related premature deaths and
illnesses are predicted to occur by 2030 if emission
controls are not adopted. 57
D. Climate change leads to increased flooding
and degraded water quality.
Climate change-linked higher temperatures lead
to more extreme rainfall over short periods of time,
producing dangerous floods. 58 "[W]armer air is capable
of holding more water than cooler air, and therefore
health, 108 Env't lnt'l 41, 41 (2017) (discussing health benefits of
emissions mitigation).
56 See Benedicte Jacquemin et al., Air pollution and asthma
control in the Epidemiological study on the Genetics and
Environment ofAsthma, 66 J. Epidemiology Cmty. Health 796,
796-802 (2012); Kelly Moore et al., Ambient Ozone
Concentrations Cause Increased Hospitalizations for Asthma in
Children: An 18-Year Study in Southern California, 116 Envtl.
Health Persp. 1063, 1063-70 (2008).
57 See Fann et al., supra note 7, at 570; see also Kim
Knowlton et al., Assessing Ozone-Related Health Impacts under
a Changing Climate, 112 Envtl. Health Persp. 1557, 1559-60,
1562 (2004) (estimating significant increase in mortality as a
result of increase in ground-level ozone attendant to climate
change).
58 Seth Westra et al., Future changes to the intensity and
frequency ofshort-duration extreme rainfall, 52 Rev. Geophysics
522, 522-25 (2014).
18
has the potential to provide more moisture to rainfall
events."59 Extreme floods in the United States have
increased by more than twenty percent in recent
decades in some regions. 6° For example, "heat stress
events," in which an environment is struck by high
temperatures and humidity, preceded a high
percentage of recent floods in Iowa, Illinois, and
Indiana. 61
The potential effects of heat stress-linked floods
include fatalities and the destruction of communities
and critical infrastructure. 62 For example, climaterelated flooding can damage roads, hospitals, and the
nation's power grid. 63 The health effects and costs are
likewise significant. For instance, a 2011 study
measured the health costs of river flooding. 64 Floods in
North Dakota from severe storms and near-record
snow accumulation and rapid melting, exacted
Id. at 523.
Wouter R. Berghuijs et al., Recent changes in extreme
floods across multiple continents, 12 Envtl. Res. Letters 114035,
114038 (2017) (estimating increases in the occurrence of extreme
floods by region throughout the world).
61 See Wei Zhang & Gabriele Villarini, Deadly Compound
Heat Stress‐ Flooding Hazard Across the Central United States,
4 7 Geophysical Res. Letters 1, 6 (2020) ("There is a clear
connection between heat stress and flooding . . . . The new
compounding extreme exhibits a strong signal, especially in
Iowa, Illinois, and Indiana, which are frequently affected by
stormy weather during the summer.").
62 Id.
63 Id.
64 Knowlton et al., supra note 8.
59
60
19
approximately $145,495 in health costs per 1,000
people in the area affected. 65
The cascading impacts of climate change-fueled
flooding include illnesses from microbial growth. After
Hurricanes Katrina and Rita made landfall in 2005,
water inundated 80 percent of New Orleans for more
than two weeks. 66 Even as floodwaters receded,
additional threats emerged. The flooding's duration,
coupled with warm temperatures in the late Louisiana
summer, spawned mold in thousands of homes. 67
Exposure to mold is associated with respiratory
illnesses, placing immunocompromised people at risk
for fungal colonization and opportunistic infections. 68
For example, following floods in North Dakota and
North Carolina, public health workers reported mold-
Id. at 2169-70.
See Margaret A. Riggs et al., Resident cleanup activities,
characteristics of flood-damaged homes and airborne microbial
concentrations in New Orleans, Louisiana, October 2005, 106
Envtl. Res. 401, 402 (2005). Climate change also increases the
intensity of hurricanes. See Greg Holland & Cindy L. Bruyere,
Recent intense hurricane response to global climate change, 42
Climate Dynamics 617, 617-19 (2013).
67 Riggs et al., supra note 66, at 404-07.
68 Id (citing Institute of Medicine, Damp Indoor Spaces and
Health (2004)). After the floods, families enrolled in a study
conducted by a Louisiana asthma association reported moving
homes between one and four times to find safe housing. Jill A.
Poole et al., Impact of weather and climate change with indoor
and outdoor air quality in asthma: A Work Group Report of the
AAAAI Environmental Exposure and Respiratory Health
Committee, 143 J. Allergy Clinical Immunology 1702, 1705
(2019).
65
66
20
linked, post-flooding increases in asthma symptoms,
rhinitis, rash, and headaches. 69
Extreme flooding also diminishes water quality.
Increased rain and snow can exceed the capacity of
sewer systems. 70 Discharges from domestic,
commercial, and industrial sources of waste can then
flow directly into surface waters, including rivers,
streams, and estuaries. 71 These discharges in turn
impair water quality, expose people to untreated
sewage, and lead to basement backups of sewage in
residential homes. 72 These exposures cause
gastrointestinal illness and other waterborne
diseases. 73 River flooding further degrades water
quality by raising the rates of dissolved nitrogen,
phosphorus, and suspended solids, as well as
overwhelming wastewater treatment plants. 74 Ample
data indicate that as climate change-linked flooding
Riggs et al., supra note 66, at 402.
U.S. Environmental Protection Agency, Report to
Congress: Combined Sewer Overflows into the Great Lakes
Basin
(2016),
available
at
https://www .epa.gov/sites/default/files/201605/documents/gls_cso_report_to_congress_-_4-12-2016. pdf
(accessed January 25, 2022).
71 Id. at 1-2.
72 Id. at 2.
73 See, e.g., Jonathan A. Patz et al., Climate Change and
Waterborne Disease Risk in the Great Lakes Region of the U.S.,
35 Am. J. Preventive Med. 451, 455 (2008).
74 Thomas C. Peterson et al., Changes in weather and
climate extremes: State ofknowledge relevant to air and water
quality in the United States, 64 J. Air & Waste Mgmt. Assoc. 184,
191 (2014).
69
70
21
worsens, its human health costs are likely to
multiply. 75
E. Climate change leads to increased vectorborne diseases.
Vector-borne diseases result from infections
transmitted by mosquitoes and ticks. The expanding
range of both mosquitoes and ticks, and the pathogens
they carry, is attributable to an array of humaninduced changes, including climate change.
Temperatures are central to mosquito physiology and
mortality, to their host behavior, and to the incubation
of pathogens within the mosquito. 76 Warmer weather
thus enables mosquitoes to expand their range. 77
Over the last several decades, the expanded
range of multiple mosquito species facilitated the
spread of serious vector-borne diseases into the United
States. Physicians attribute the recent proliferation of
mosquito-borne illnesses such as Zika-which causes
fetal neurological complications and birth defects
including microcephaly-to rising global surface
Stephane Hallegatte et al., Future flood losses in major
coastal cities, 3 Nature Climate Change 802, 804-05 (2013).
76 Michael A. Robert et al., Climate change and viral
emergence: Evidence from Aedes-borne arboviruses, 40 Current
Opinion Virology 41, 42 (2020).
77 See Ilia Rochlin et al., Climate Change and Range
Expansion of the Asian Tiger Mosquito (Aedes Albopictus) in
Northeastern USA: Implications for Public Health Practitioners,
8 PLOS ONE e60874 (2013). Climate change-influenced extreme
weather events also produce conditions in which water-,
mosquito-, and rodent-borne diseases can thrive. See, e.g., Paul
Epstein, The ecology of climate change and infectious diseases:
comment, 91 Ecology 925 (2010).
75
22
temperatures and new variability in rainfall. 78 In fact,
although Zika became transmissible to humans
around 1950, the United States had no reported local
transmissions until 2016. 79
Dengue is another mosquito-borne illness with a
recently-expanded range. 80 Previously limited to
subtropical and tropical regions, Dengue outbreaks
now occur in Hawaii, Florida, and Texas. 81 Strikingly,
the range of the Dengue-carrying mosquito has now
grown to include the entire southeast and much of the
southwestern United States. 82
The introduction of the West Nile Virus into the
United States is also linked to climate, particularly the
proliferation of warm and wet conditions. 83 It is now
the most prevalent mosquito-borne disease in the
United States. 84 West Nile Virus can attack the central
Robert et al., supra note 76, at 41-44.
Nathan D. Grubaugh et al., Genomic epidemiology
reveals multiple introductions of Zika virus into the United
States, 546 Nature 401, 401-02 (2017).
80 Robert et al., supra note 76, at 42 (observing an
expansion of Dengue in the last 20 years).
81 Id.
82 Centers for Disease Control and Prevention, Potential
Range of the Aedes aegypti and Aedes albopictus in the United
States, 2017, Ctrs. for Disease Control & Prevention, available
at
https://www .cdc.gov/mosquitoes/mosquitocontroVprofessionals/range.html (accessed January 2, 2022).
83 Epstein, supra note 77, at 927.
84
Carolyn A. Reimann et al., Epidemiology of
Neuroinvasive Arboviral Disease in the United States, 19992007, 79 Am. J. Tropical Med. Hygiene 974,974 (2008).
78
79
23
nervous system, necessitating hospitalization, and
sometimes causing death. 85
Mosquitoes are not the only disease-inducing pest
with an enlarged range. The habitats of several tick
species are growing throughout the United States in
response to increased temperatures. 86 This warming
trend contributes to tick species' decades-long
encroachment to the north and west. 87 Ticks cause
almost 95 percent of all vector-borne diseases reported
annually in the United States, including Lyme disease
and Rocky Mountain spotted fever, among others. 88
In short, as temperatures rise, the range of
environments suitable for disease-carrying species
grows. 89 In the absence of effective regulation, regions
affected by vector-borne illnesses are likely to expand,
new vector-borne diseases may emerge, and existing
vector-borne diseases may increase. 90
II.
Climate change severely harms the health of
vulnerable populations.
The health harms and costs of climate pollutants
fall heavily on vulnerable populations. Young children
and pregnant women, adults older than sixty-five, and
communities of color and low income are most
Id.
Daniel E. Sonenshine, Range Expansion of Tick Disease
Vectors in North America: Implications for Spread of Tick-Borne
Disease, 15 Int'l J. Envtl. Res. Pub. Health 478 (2018).
87 Id.
88 Id. at 4 78.
89 See Rochlin et al., supra note 77, at 1-2.
90 Robert, supra note 76.
85
86
24
vulnerable to and severely harmed by the adverse
health impacts of climate change. 91
Children, particularly infants, are more
susceptible to climate change-related temperature
increases and heat waves because they cannot
regulate body temperature as well as adults. 92
Children are also at heightened risk from air pollution
because they spend more time outdoors, have higher
respiratory rates, and have developing organs and
immune systems. 93 Exposure of children to air
pollutants is associated with reduced lung function,
new onset asthma, exacerbation of chronic respiratory
illnesses, 94 cognitive and developmental disorders
See, e.g., Yunquan Zhang et al., Socio-geographic
disparity in cardiorespiratory mortality burden attributable to
ambient temperature in the United States, 26 Envtl. Sci. &
Pollution Res. Int'l 694, 698 (2019).
92 Kim Knowlton et al., The 2006 California Heat Wave:
Impacts on Hospitalizations and Emergency Department Visits,
117 Envtl. Health Persp. 61, 61 (2009) (observing greater risk of
heat-related emergency department visits for children ages 0-4);
Aaron S. Bernstein & Samuel S. Myers, Climate change and
children's health, 23 Current Opinion in Pediatrics 221, 222
(2011).
93 Heather L. Bromberg et al., Ambient Air Pollution:
Health Hazards to Children, 147 Pediatrics e2021051484 (2021).
94 Id.; Gennaro D'Amato et al., Urban Air Pollution and
Climate Change as Environmental Risk Factors of Respiratory
Allergy: An Update, 20 J. Investigational Allergology & Clinical
Immunology 95 (2010).
91
25
including autism and attention deficit/hyperactivity
disorder, 95 and asthma-related hospitalizations. 96
The risk of severe heat complications for
pregnant women and infants also escalates with
temperature increases. 97 One 2019 study based on 32
million births across 403 U.S. counties established
that exposure to extreme heat is associated with an
increased risk of preterm birth, the second leading
cause of death in children under five. 98 Further, heat
waves during pregnancy are correlated with increased
maternal stress and, consequently, babies with
abnormal conditions related to maternal stress. 99 In
addition, higher incidences of wildfires are dangerous
for pregnant women, and infants with developing
95 Oddvar Myhre et al., Early life exposure to air pollution
particulate matter (PM) as risk factor for attention
deficit/hyperactivity disorder (ADHD): Need for novel strategies
for mechanisms and causalities, 354 Toxicology & Applied
Pharmacology 196 (2018); Andrea L. Roberts et al., Perinatal Air
Pollutant Exposures and Autism Spectrum Disorder in the
Children of Nurses' Health Study II Participants, 121 Envtl.
Health Persp. 978 (2013).
96 See, e.g., Mireku et al., supra note 26, at 223-24;
Katherine Shea, Global Climate Change and Children~ Health,
120 Pediatrics 1359, 1362-63 (2007).
97 Bekkar et al., supra note 25.
98 Shengzhi Sun et al., Ambient temperature and preterm
birth: A retrospective study of32 million US singleton births, 126
Env't Int'l 7, 7, 12 (2019).
99 Gulcan Cil & Trudy Anne Cameron, Potential Climate
Change Health Risks from Increases in Heat Waves: Abnormal
Birth Outcomes and Adverse Maternal Health Conditions, 37
Risk Analysis 2066, 2066 (2017) (examining adverse conditions
such as fetal distress and reliance on a ventilator at birth).
26
lungs and brains. 100 Wildfire smoke exposure during
pregnancy is associated with low birth weight and preterm birth. 101
Climate change also presents more serious health
threats to people 65 and older. 102 People over 65 are at
greater risk of having a pre-existing condition that
renders climate co-morbidity more likely. For
example, older people are more likely to be
hospitalized or to die from high temperatures and heat
waves. 103 This population has marginal cardiorespiratory reserves to cope with heat and air
100 See, e.g., Sam Heft-Neal et al., Associations between
wildfire smoke exposure during pregnancy and risk ofpreterm
birth in California, 203 Envtl. Res. 111872 (2022) (analyzing data
on singleton births and PM exposure to "estimate 6,974 ... excess
preterm births attributable to wildfire smoke exposure 20072012" in California).
101 Sana Amjad et al., Wildfire exposure during pregnancy
and the risk ofadverse birth outcomes: A systematic review, 156
Env't Int'l 106644 (2021).
102 Rice et al., supra note 33, at 923; Carina J. Gronlund et
al., Vulnerability to renal, heat and respiratory hospitalizations
during extreme heat among U.S. elderly, 136 Climatic Change
631 (2016). See also Gill Livingston et al., Dementia prevention,
intervention and care: 2020 report of the Lancet Commission,
396 Lancet Commissions 413 (2020) (describing the risk of
dementia from exposure to pollutants associated with climate
change).
103 Ambarish Vaidyanathan et al., Heat-Related Deaths United States, 2004-2018, 69 Morbidity & Mortality Wkly. Rep.
729, 729 (2020); Janet L. Gamble et al., Climate Change and
Older Americans: State of the Science, 121 Envtl. Health Persp.
15, 17 (2013).
27
pollution, placing them at risk for more frequent acute
cardiovascular and respiratory illnesses. 104
But age is not the only predictor of climate change
health effects. Race and income are significant
predictors of these risks. 105 In a study tracking more
than a decade of heat-related adult deaths in New
York City, researchers found that Black adults and
those living in census tracts receiving greater public
assistance were most likely to die during heat
waves. 106 In the western wildfire context, studies also
establish that Black individuals are at significantly
higher risk of respiratory-related hospital admissions
on high smoke days. 107
Communities of color are not just at a heightened
risk of health impacts from climate pollutants. Often
they experience a disproportionate burden of multiple
health stressors. The disparities in exposure to air
Antonella Zanobetti et al., Summer temperature
variability and long-term survival among elderly people with
chronic disease, 109 Proc. Nat'l Acad. Sci. 6608, 6609 (2012);
Anderson et al., supra note 27, at 1098.
105 See, e.g., Zhang et al., supra note 91, at 694.
106 Jaime Madrigano et al., A
Case-Only Study of
Vulnerability to Heat Wave-Related Mortality in New York City
(2000-2011), 123 Envtl. Health Persp. 672, 672 (2015)
("Compared with other warm-season days, deaths during heat
waves were more likely to occur in black (non-Hispanic)
individuals than other race/ethnicities, . . . and more likely
among those living in census tracts that received greater public
assistance . . . .").
107 Jia Coco Liu et al., Who Among the Elderly Is Most
Vulnerable to Exposure to and Health Risks ofFine Particulate
Matter From Wildfire Smoke?, 186 Am. J. Epidemiology 730
(2017).
104
28
pollution at home and at school by race and ethnicity
is documented in several studies. 108 As a result,
residents in these communities suffer elevated rates of
conditions that render them more vulnerable to health
harms from climate change, such as asthma, chronic
airway diseases, and cardiovascular disease. 109 These
communities, then, along with children, infants,
pregnant women, and those over 65, are at the
greatest risk if greenhouse gas emissions are not
regulated and reduced.
III. The Clean Air Act empowers EPA to take
regulatory action to protect the public from
adverse health effects due to climate change.
The purpose of the Clean Air Act is "to protect and
enhance the quality of the Nation's air resources so as
to promote the public health and welfare . . . ." 42
U.S.C. § 7401(b)(l). Public health was of paramount
importance to Congress in drafting and amending the
CAA. Senator Edmund Muskie, the Senate architect
of the legislation, said the Act would "protect the
public health," noting that the costs of air pollution
included "death, disease, and disability." 116 CONG.
See, e.g., Jonathan Colmer et al., Disparities in PMa.sair
pollution in the United States, 369 Science 575 (2020); Jayajit
Chakraborty & Paul A. Zandbergen, Children at risk: measuring
raciaVethnic disparities in potential exposure to air pollution at
school and home, 61 J. Epidemiology & Cmty. Health 1074
(2017); Eric B. Brandt et al., Air pollution, racial disparities, and
COVID-19 mortality, 146 J. Allergy & Clinical Immunology 61,
62 (2020) ("Lower income communities of color are more likely to
have historical exposures to higher levels of air pollution.").
109 Brandt, supra note 108, at 61.
108
29
REC. S20,597-611 (1970).11° The text of the CAA is
replete with mandates for EPA to consider public
health in its decision-making and to protect public
health with its actions. See 42 U.S.C. §§ 7408-09 (air
quality criteria and national ambient air quality
standards);§ 7411 (standards of performance for new
stationary sources); § 7412 (hazardous air pollutants);
§ 7470 (prevention of significant deterioration);§ 7521
(emission standards for new motor vehicles). This
Court's decisions also reflect the Act's textual
commitment to public health. See, e.g., Whitman v.
American TruckingAss'n, 531 U.S. 457, 465-71 (2001).
Accordingly, from the earliest days of CAA
implementation, EPA regulated power plants because
they pose an array of risks to public health. See, e.g.,
36 Fed. Reg. 5931 (Mar. 31, 1971) (memorializing
EPA's 1971 decision that coal-fired generators fit
under sources to be regulated by Section 111 because
they "[contribute] significantly to the endangerment of
public health or welfare.") And more than a decade
ago, EPA concluded that greenhouse gases from
automobiles, also emitted from power plants,
threatened the public health and welfare of current
and future generations. 74 Fed. Reg. 66,496 (Dec. 15,
2009).
Regulation and reduction of greenhouse gas
emissions are necessary to mitigate the scale of
intensifying public health harms associated with
climate change. The need is urgent, and the quality
and length of lives are at stake. The Court should
In introducing the Senate legislation for the 1990 CAA
amendments, Senator Lincoln Chafee emphasized, "[t]his is a
health bill .... " 136 CONG. REC. S16895-01 (1990).
110
30
affirm EPA's ability to carry out its mandate to protect
public health by regulating carbon dioxide emissions
from power plants.
CONCLUSION
The judgment of the court of appeals should be
affirmed.
Respectfully submitted,
Sara A. Colangelo
Counsel ofRecord
Jack H.L. Whiteley
GEORGETOWN LAW
ENVIRONMENTAL LAW
& JUSTICE CLINIC
600 New Jersey Ave., NW
Washington, D.C. 20001
(202) 661-6543
sara.colangelo@law.
georgetown.edu
Counsel for Amici Curiae
January 25, 2022
App.1
APPENDIX
Individual Amici Curiae*
1. Susan Anenberg, PhD
Director, Climate and Health Institute &
Professor, Milken Institute School of Public
Health
The George Washington University
2. Magali Angeloni, DrPH, MBA, MPH
Program Director, Masters in Public Health
Program
New England Institute of Technology
3. Donna Arnett, PhD
Dean, College of Public Health
University of Kentucky
4. Bernadette Boden-Albala, MPH, DrPH
Founding Dean and Director, Program in Public
Health Professor, Department of Health, Society
and Behavior, Program in Public Health,
Department of Neurology, School of Medicine,
Susan and Henry Samueli College of Health
Sciences
University of California, Irvine
* Amici listed here join this brief in their individual
capacity only, and do not represent the interests of the
institutions with which they may be affiliated.
App.2
5. Jean M. Breny, PhD, MPH
Professor and Chair, Department of Public Health
Southern Connecticut State University
6. Thomas Chandler, MS, PhD
Dean and Professor of Environmental Health
Sciences, Arnold School of Public Health
University of South Carolina
7. Rajiv Chowdhury, MBBS, MPhil, PhD, FACE
Professor and Chair of Global Health
Florida International University
8. Jeffrey H. Cohen, MD
Associate Vice President for Health Affairs and
Dean, School of Public Health
West Virginia University
9. James W. Curran, MD, MPH
Dean and Professor, Rollins School of Public
Health
Emory University
10. Amy Lauren Fairchild, PhD, MPH
Dean and Professor of Health Services Policy and
Management, College of Public Health
The Ohio State University
11. John R. Finnegan, PhD
Dean and Professor, School of Public Health
University of Minnesota-Twin Cities
App.3
12. Linda P. Fried, MD, MPH
Dean, Mailman School of Public Health
Columbia University
13. Lynn R. Goldman, MD, MPH, MS
Michael and Lori Milken Dean of Public Health
Milken Institute School of Public Health
The George Washington University
14. Perry N. Halkitis, PhD, MS, MPH
Dean and Professor of Biostatistics and UrbanGlobal Public Health, Director, Center for Health,
Identity, Behavior & Prevention
Rutgers School of Public Health
15. Kari Hartwig, DrPH, MPH
Program Director and Professor, Masters in
Public Health in Global Health
St. Catherine University
16. Howard Hu, M.D., M.P.H., Sc.D.
Professor & Flora L. Thornton Chair, Department
of Population and Public Health Sciences, Keck
School of Medicine of USC
University of Southern California
17. Michael C. Lu, MD, MS, MPH
Dean, School of Public Health
University of California, Berkeley
App.4
18. Boris D. Lushniak, MD, MPH
Dean, School of Public Health
University of Maryland
19. Helen Hopp Marshak, PhD, MCHES
Dean, School of Public Health
Loma Linda University
20. Wayne McCullough, PhD
Director, Master of Public Health, Interim
Director, Division of Public Health
Michigan State University
21. Shan Mohammed, MD, MPH, FAAFP
Clinical Professor, Department of Health Sciences
Northeastern University
22. Ayman El-Mohandes, MD, MPH, MBBCh
Dean, CUNY Graduate School of Public Health
and Health Policy
The City University of New York
23. Alexander F. More, PhD
Chair/Director, Department of Public Health
(MPH) and Professor of Environmental Health
Long Island University
24. Elaine H. Morrato, DrPH, MPH, CPH
Founding Dean and Professor, Parkinson School
of Health Sciences and Public Health
Loyola University Chicago
App.5
25. Hillary Nelson, PHD, MPH
Director MPH Program, Perelman School of
Medicine
University of Pennsylvania
26. Javier Nieto, MD, PhD, MPH
Dean and Professor, College of Public Health and
Human Sciences
Oregon State University
27. Eyal Oren, PhD, MS
Interim Director, Professor, Division of
Epidemiology & Biostatistics, Core Investigator,
Institute for Behavioral and Community Health,
School of Public Health
San Diego State University
28. Edith A. Parker, DrPH, MPH
Dean, College of Public Health
University of Iowa
29. Sara Paton, PhD, CPH, MPH
Director, Master of Public Health Program
Wright State University
30. Jonathan Patz, MD, MPH
Director, Global Health Institute
Tony J. McMichael Professor and John P. Holton
Chair of Health and the Environment Nelson
Institute and School of Medicine & Public Health
University of Wisconsin
App.6
31. Michael G. Perri, PhD, ABPP
Dean, College of Public Health and Health
Professions
University of Florida
32. Donna J. Petersen, ScD, MHS, CPH
Dean, College of Public Health
University of South Florida
33. Rodrigo S. Reis
Interim Co-Dean and Professor of Public Health,
Brown School
Washington University in St. Louis
34. Barbara Rimer, DrPH
Dean, Gillings School of Global Public Health
University of North Carolina
35. Ana Diez Roux, MD, PhD, MPH
Dean, Dornsife School of Public Health
Drexel University
36. Anthony L. Schlaff, MD, MPH
Director, Public Health Program Professor,
Department of Public Health and Community
Medicine
Tufts University School of Medicine
App.7
37. Tetine Sentell, PhD
Interim Dean, Professor of Public Health,
Thompson School of Social Work & Public Health
University of Hawai'i at Mānoa
38. Anna Maria Siega-Riz, PhD
Dean and Professor, Departments of Nutrition
and Biostatistics & Epidemiology, School of Public
Health and Health Sciences
University of Massachusetts Amherst
39. Laura A. Siminoff, PhD
Dean and Laura H Carnell Professor of Public
Health, College of Public Health
Temple University
40. Alexander J. Travis, VMD, PhD
Chair, Department of Public and Ecosystem
Health and Director, Master of Public Health
Program
Cornell University
41. Nancy Tuchman, PhD
Founding Dean, School of Environmental
Sustainability
Loyola University Chicago
42. Robert M. Weiler PhD, MPH
Senior Associate Dean for Academic Affairs and
Professor, Graduate Programs in Public Health
George Mason University
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