In 2007, a groundbreaking moment occurred in the realm of climate regulation in the United States. The Supreme Court delivered a pivotal ruling that granted the Environmental Protection Agency (EPA) the authority to regulate greenhouse gases. This decision was based on the fact that these gases fell within the definition of air pollutants outlined in the Clean Air Act. Subsequently, the EPA conducted an endangerment finding, identifying six key greenhouse gases, including carbon dioxide, as posing a threat to public health and welfare. This finding served as the foundation for the implementation of rules that restricted tailpipe emissions from vehicles, a significant step in curbing the approximately 30 percent of U.S. emissions attributed to transportation.
Over the years, the EPA has relied on the endangerment finding to regulate climate-warming gases emitted by coal plants, aircraft, and various industrial sources. However, the validity of this critical finding is now at risk. Recent reports from the Washington Post indicate that EPA administrator Lee Zeldin has recommended the White House to overturn the endangerment finding. Although the Trump administration has not yet made a final decision, this action has long been a desired outcome for Republicans. Project 2025, a venture spearheaded by the conservative Heritage Foundation, proposes the establishment of a mechanism to revise the 2009 endangerment finding.
Despite the potential for such a significant policy shift, experts caution that reversing the endangerment finding will not be a straightforward task. Romany Webb, deputy director of the Sabin Center for Climate Change Law at Columbia University, emphasized the legal obstacles that the EPA would face in attempting to rescind the finding. She pointed out the extensive scientific evidence supporting the link between greenhouse gas emissions and climate change, underscoring the importance of maintaining regulations to protect public health and welfare.
### The Uphill Battle to Reverse the Endangerment Finding
Webb’s insights highlight the complex legal landscape surrounding the endangerment finding. The legislative foundation of the finding, coupled with court affirmations of its validity, pose significant challenges to any attempts at reversal. The enactment of the Inflation Reduction Act in 2022 further solidified the status of greenhouse gases as air pollutants under the Clean Air Act, reinforcing the legal barriers that the EPA would encounter.
The enduring nature of the endangerment finding is underscored by its resilience in the face of legal challenges over the past decade and a half. Despite repeated attempts by industry groups and climate skeptics to contest the finding, the courts have consistently upheld the EPA’s authority to regulate greenhouse gases. The D.C. Circuit Court of Appeals, known for its jurisdiction over federal policymaking issues, has repeatedly supported the agency’s interpretation of the law as sound and legally defensible.
In a bid to revisit the endangerment finding, the Competitive Enterprise Institute and other groups petitioned the EPA during Trump’s first term. However, the Trump administration opted to maintain the finding, acknowledging its role in supporting existing regulations. Should the Trump administration decide to reverse the endangerment finding, and if Congress moves to repeal the provisions of the Inflation Reduction Act that enshrine the finding, it could pave the way for the dismantling of crucial climate regulations at a time when the impacts of climate change are becoming increasingly pronounced.
The potential repercussions of such actions are not lost on environmental advocates. Vickie Patton, general counsel at the Environmental Defense Fund, highlighted the devastating effects of climate change on Americans, citing escalating disasters and hazardous pollution levels. Expressing concern over the potential rollback of climate regulations, Patton emphasized the EPA’s fundamental duty to safeguard the public from the perils of climate pollution.
As the debate over the fate of the endangerment finding unfolds, the intricate interplay between legal, scientific, and environmental considerations will shape the future of climate policy in the United States. The decision-making process at the highest levels of government will not only determine the trajectory of environmental regulations but also impact the lives and well-being of millions of Americans. The stakes are high, and the path forward remains uncertain.
