Climate regulation in the United States has been a hot topic for years, with 2007 marking a pivotal year in the fight against greenhouse gas emissions. The Supreme Court’s ruling that the Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases as air pollutants under the Clean Air Act set the stage for significant actions to address climate change. This ruling led the EPA to identify six key greenhouse gases, including carbon dioxide, as posing a threat to public health and welfare.
One of the key tools used by the EPA to reduce emissions from vehicles, which account for nearly 30% of U.S. emissions, was the establishment of rules limiting tailpipe emissions during the Obama and Biden administrations. These efforts, rooted in the endangerment finding, have been crucial in tackling the issue of climate change in the transportation sector.
However, recent developments have put the endangerment finding at risk. EPA administrator Lee Zeldin has recommended that the White House revoke the finding, a move that has long been desired by Republicans. The initiative known as Project 2025, led by the Heritage Foundation, has proposed updating the 2009 endangerment finding as part of its policy recommendations.
Despite these intentions, experts warn that reversing the endangerment finding will not be an easy task. The finding is supported by laws passed by Congress and has been upheld by courts on multiple occasions. Romany Webb, deputy director of the Sabin Center for Climate Change Law at Columbia University, emphasized the significant scientific evidence supporting the link between greenhouse gas emissions and climate change impacts on public health and welfare.
Any attempt by the Trump administration to reverse the finding would likely face legal challenges. Congress took steps in 2022 to solidify the endangerment finding in law through the Inflation Reduction Act, which explicitly defines greenhouse gases as air pollutants under the Clean Air Act. This legislation adds another layer of complexity to any potential reversal of the finding by the EPA.
The courts have consistently upheld the EPA’s authority to regulate greenhouse gases, with the D.C. Circuit Court of Appeals affirming the agency’s interpretation of the law as correct. Despite efforts by industry groups and climate skeptics to challenge the finding, none have succeeded in overturning it. Even the Supreme Court declined to hear a case challenging the finding in December 2023.
While there have been calls to reconsider the endangerment finding, the EPA under the Trump administration declined to do so on its last day in office. If the White House directs the EPA to reverse the finding and Congress moves to repeal provisions of the Inflation Reduction Act, it could unravel key climate regulations put in place to address the impacts of climate change.
As the debate continues, the importance of addressing climate change and protecting public health from the impacts of greenhouse gas emissions remains a priority. Organizations like the Environmental Defense Fund have expressed concerns about the potential consequences of reversing the endangerment finding, emphasizing the need for continued efforts to combat climate change and protect communities from its effects.
