
EPA moves to repeal landmark ‘endangerment finding’ that allows climate regulation
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EPA moves to repeal landmark ‘endangerment finding’ that allows climate regulation
The proposed rule would rescind a 2009 declaration that carbon dioxide and other greenhouse gases endanger public health and welfare. The “endangerment finding’ is the legal underpinning of a host of climate regulations under the Clean Air Act. The EPA proposal must go though a lengthy review process, including public comment, before it is finalized, likely next year. Environmental groups are likely to challenge the rule change in court, but legal experts say there is a slim chance it will be successful.. The Supreme Court ruled in 2007 that EPA has authority to regulate greenhouse gases as air pollutants. The transportation sector is the largest source of greenhouse gas emissions in the U.S. The proposal follows an executive order from Trump that directed the agency to submit a report “on the legality and continuing applicability’ of the endangerment finding. The plan is part of a series of environmental rollbacks announced at the same time in what he said was “the greatest day of deregulation in American history.’’ A total of 31 key environmental rules on topics from clean air to clean water and climate change would be rolled back or repealed.
The proposed Environmental Protection Agency rule would rescind a 2009 declaration that determined that carbon dioxide and other greenhouse gases endanger public health and welfare. The “endangerment finding” is the legal underpinning of a host of climate regulations under the Clean Air Act for motor vehicles, power plants and other pollution sources that are heating the planet.
Repealing the finding “will be the largest deregulatory action in the history of America,” EPA Administrator Lee Zeldin said Tuesday.
“There are people who, in the name of climate change, are willing to bankrupt the country,” Zeldin said on the conservative “Ruthless” podcast. “They created this endangerment finding and then they are able to put all these regulations on vehicles, on airplanes, on stationary sources, to basically regulate out of existence, in many cases, a lot of segments of our economy. And it cost Americans a lot of money.”
The EPA proposal must go though a lengthy review process, including public comment, before it is finalized, likely next year. Environmental groups are likely to challenge the rule change in court.
Zeldin called for a rewrite of the endangerment finding in March as part of a series of environmental rollbacks announced at the same time in what he said was “the greatest day of deregulation in American history.’’ A total of 31 key environmental rules on topics from clean air to clean water and climate change would be rolled back or repealed under Zeldin’s plan.
Under the Obama and Biden administrations, his predecessors at EPA “twisted the law, ignored precedent and warped science to achieve their preferred ends and stick American families with hundreds of billions of dollars in hidden taxes every single year,’’ Zeldin said Tuesday at an event in Indiana announcing the proposed rule change.
Tailpipe emission limits also targeted
The EPA also called for rescinding limits on tailpipe emissions that were designed to encourage automakers to build and sell more electric vehicles, a rule Trump incorrectly labels an EV “mandate.” The transportation sector is the largest source of greenhouse gas emissions in the United States.
Environmental groups said Zeldin’s action seeks to deny reality even as weather disasters exacerbated by climate change grow worse in the U.S. and around the world.
“As Americans reel from deadly floods and heat waves, the Trump administration is trying to argue that the emissions turbocharging these disasters are not a threat,’’ said Christy Goldfuss, executive director of the Natural Resources Defense Council. “It boggles the mind and endangers the nation’s safety and welfare.”
Under Zeldin and Trump, “the EPA wants to shirk its responsibility to protect us from climate pollution, but science and the law say otherwise,’’ she added. “If EPA finalizes this illegal and cynical approach, we will see them in court.”
Three former EPA leaders have also criticized Zeldin, saying his March announcement targeting the endangerment finding and other rules imperiled the lives of millions of Americans and abandoned the agency’s dual mission to protect the environment and human health.
“If there’s an endangerment finding to be found anywhere, it should be found on this administration because what they’re doing is so contrary to what the Environmental Protection Agency is about,” Christine Todd Whitman, who led EPA under Republican President George W. Bush, said after Zeldin’s plan was made public.
The EPA proposal follows an executive order from Trump that directed the agency to submit a report “on the legality and continuing applicability” of the endangerment finding. Conservatives and some congressional Republicans hailed the plan, calling it a way to undo economically damaging rules to regulate greenhouse gases.
But environmental groups, legal experts and Democrats said any attempt to repeal or roll back the endangerment finding would be an uphill task with slim chance of success. The Supreme Court ruled in 2007 that EPA has authority to regulate greenhouse gases as air pollutants under the Clean Air Act.
Passing court muster could be an issue
The EPA proposal “seeks to deny settled science by creating legal distinctions that have no basis in the law,” said Abigail Dillen, president of the environmental law firm Earthjustice. Rather than take seriously its responsibility to protect public health, “the Trump administration is pretending that the pollution causing climate change is not hurting us, even as we suffer more devastating climate disasters every year,” she said.
If finalized, repeal of the endangerment finding would erase current limits on greenhouse gas pollution from cars, factories, power plants and other sources and could prevent future administrations from proposing rules to tackle climate change.
“The endangerment finding is built on a rock-solid scientific foundation that has gotten even stronger over time,” said Fred Krupp, president of the Environmental Defense Fund. The finding “has supported commonsense solutions that reduce pollution, give us cleaner air and protect our health and our jobs,” he said.
Climate scientists warned that overturning the endangerment finding would undermine decades of scientific progress and damage the credibility of U.S. institutions tasked with protecting the environment. The 12 hottest years on record have all occurred since 2009, and heat-related deaths are rising while wildfires are now more frequent and severe, said Scott Saleska, professor of ecology and evolutionary biology at the University of Arizona.
“To repeal the endangerment finding now would be like a driver who is speeding towards a cliff taking his foot off the brake and instead pressing the accelerator,” Saleska said.
Jim Walsh, policy director of the environmental group Food & Water Watch, used a more explosive metaphor. “Lee Zeldin’s assertion that the EPA shouldn’t address greenhouse gas emissions is like a fire chief claiming they shouldn’t fight fires,’’ he said. “It is as malicious as it is absurd.”
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Trump proposes repeal of landmark finding that greenhouse gases harm the public
EPA Administrator Lee Zeldin announced Tuesday that the agency is proposing to abandon the Obama-era finding on the dangers of greenhouse gases. The EPA’s proposal would rescind climate regulations for cars and trucks, meaning automakers would no longer have to abide by any climate rules. The move comes amid a broader effort by the Trump administration to cut down on government regulations across the board, as well as to undermine efforts to combat climate change. If finalized, the moves are expected to put more carbon dioxide into the air and therefore exacerbate climate change, according to the proposal. The draft determination will need to go through a public comment period before the agency can finalize it. The final decision on whether to go ahead with the proposal is not expected until the end of the year, when the EPA will hold a public hearing on the issue. The Energy Department released a report claiming that “CO2-induced warming might be less damaging economically than commonly believed.” Energy Secretary Chris Wright has a history of downplaying climate change”“This is more than selling out Americans’ future for the convenience of polluters,” Sen. Ed Markey said.
Speaking in Indianapolis on Tuesday, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that the agency is proposing to abandon the Obama-era finding on the dangers of greenhouse gases.
The endangerment finding also underpins the nation’s climate regulations, including those governing the automobile sector. The EPA’s proposal would rescind climate regulations for cars and trucks, meaning automakers would no longer have to abide by any climate rules.
The decision goes farther than even the first Trump administration. Trump 1.0 left the endangerment finding in place but dramatically weakened Obama-era regulations on cars.
Zeldin described the move as “the largest deregulatory action in the history of the United States.”
In a written statement, he said: “We heard loud and clear the concern that EPA’s GHG emissions standards themselves, not carbon dioxide which the Finding never assessed independently, was the real threat to Americans’ livelihoods.”
The 2009 endangerment finding proposed that emissions of carbon dioxide, methane and other greenhouse gases (GHG) threaten public health and welfare, and that vehicular emissions are a contributing factor.
The Trump administration is now proposing to find instead that “that there is insufficient reliable information to retain the conclusion that GHG emissions from new motor vehicles and engines in the United States cause or contribute to endangerment to public health and welfare in the form of global climate change.”
The impacts of Tuesday’s proposal appear to be limited to its regulations on the auto industry and does not directly address the EPA’s regulations on other emitting sectors including power plants.
However, in June, the Trump administration separately proposed to find that power plants’ greenhouse gas emissions “do not contribute significantly to dangerous air pollution” and therefore should not be regulated.
The Trump administration estimated that repealing all climate regulations on cars and trucks will result in between $157 billion and $444 billion worth of benefits between 2027 and 2055. This includes between $114 billion and $365 billion in savings due to projected changes in the makeup of the vehicle market — namely that fewer vehicles will be electric than under Biden-era rules.
However, if finalized, the moves are expected to put more carbon dioxide into the air and therefore exacerbate climate change.
When it imposed its latest set of regulations on light- and medium-duty vehicles, the Biden administration estimated that doing so would prevent 7.2 billion tons of carbon dioxide emissions through the year 2055 — about four times the emissions of the whole U.S. transportation sector in 2021.
The rules are also expected to lead to increases in pollutants like soot that also stem from gas-powered cars.
The move comes amid a broader effort by the Trump administration to cut down on government regulations across the board, as well as to undermine efforts to combat climate change.
Climate change is primarily caused by human activity, especially the burning of fossil fuels. The phenomenon is exacerbating extreme weather around the world.
The proposal also comes during a summer plagued by repeated weather disasters including deadly flooding in Texas that killed more than 130 people, as well as floods in other parts of the country and extreme heat on the East Coast.
In conjunction with the EPA move, the Energy Department released a report claiming that “CO2-induced warming might be less damaging economically than commonly believed.” Energy Secretary Chris Wright has a history of downplaying climate change’s impacts.
While on the campaign trail, President Trump repeatedly pledged to repeal climate regulations on cars in particular, arguing that they harmed the auto sector and consumers’ choices.
Zeldin previously indicated plans to reconsider both the endangerment finding and climate regulations.
The EPA first made the endangerment finding in 2009 after the Massachusetts v. EPA court case. That case authorized the EPA to regulate planet-warming emissions under the Clean Air Act if the agency found that they pose a threat to the public.
The EPA’s move on Tuesday is not final. The draft determination will need to go through a public comment period before the agency can finalize it.
Democrats slammed the proposal as both harmful and unscientific.
“Arguing that greenhouse gases emissions don’t put us in danger by causing climate change is like saying that a lit match can’t put us in danger by burning down the house,” said Sen. Ed Markey (D-Mass.) in a written statement.
“This is nothing more than selling out Americans’ safety and future just for the convenience of polluters. Trump, Zeldin, and their whole cabal of polluters should be ashamed,” he added.
—Updated at 4:58 p.m. EDT