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

and Policy Opportunities, 18 Annals of

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

introductions ofZika virus into the

United States, 546 Nature 401 (2017) ................. 22

National Oceanic and Atmospheric

Administration, State ofthe Climate:

Global Climate Report for June 2021,

National Centers for Environmental

Information,

https://www.ncdc.noaa.gov/sotc/global/20

2106 ......................................................................... 2

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 (2015) ........ 6, 16, 17

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

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) ....................... 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,

1984-2011, 41 Geophys. Res. Letters

2928 (2014) ..................................................... 11, 12

R. Jisung Park et al., Learning is inhibited

by heat exposure, both internationally

and within the United States, 5 Nature

Human Behavior 19 (2020) .................................. 10

xvn

R. Sari Kovats & Shakoor Hajat, Heat

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

under Global Climate Change, 119 Envtl.

Health Persp. 701 (2011) ..................................... 10

Rupa Basu, High ambient temperature and

mortality: a review ofepidemiologic

studies from 2001 to 2008, 8 Envtl.

Health 40 (2009) ..................................................... 8

Sam Heft-Neal et al., Associations between

wild.ire smoke exposure during

pregnancy and risk ofpreterm birth in

California, 203 Envtl. Res. 111872 (2022) .......... 26

Samantha Ahdoot & Susan E. Pacheco,

Global Climate Change and Children's

Health, 136 Pediatrics e1468 (2015) ................... 23

Sana Amjad et al., Wildfire exposure during

pregnancy and the risk ofadverse birth

outcomes: A systematic review, 156 Env't

Int'l 106644 (2021) ............................................... 26

Sebastian T. Rowland et al., Can ultra

short-term changes in ambient

temperature trigger myocardial

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XVlll

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(2014) .................................................................... 18

Shakoor Hajat & Tom Kosatky, Heatrelated mortality: a review and

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Epidemiology & Cmty. Health 753 (2010) ............ 7

Shengzhi Sun et al., Ambient temperature

and preterm birth: A retrospective study

of32 million US singleton births, 126

Env't Int'l 7 (2019) ............................................... 25

Shuaib M. Nasser & Thomas B. Pulimood,

Allergens and Thunderstorm Asthma, 9

Current Allergy & Asthma Rep. 384

(2009) .................................................................... 15

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losses in major coastal cities, 3 Nature

Climate Change 802 (2013) ................................. 21

Steven W. Running, Is Global Warming

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Wouter R. Berghuijs et al., Recent changes

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(2017) .................................................................... 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

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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