The Environmental Protection Agency (EPA) is poised to dismantle a key legal foundation for US climate regulation: the “endangerment finding.” This 2009 ruling established the EPA’s authority to regulate greenhouse gases under the Clean Air Act, underpinning every climate-related regulation since. The rollback, driven by decades of lobbying from conservative groups, sets the stage for a prolonged legal fight likely to reach the Supreme Court.
The Stakes: Legal Chaos and Industry Uncertainty
The move introduces significant legal uncertainty across multiple sectors. Oil companies facing climate lawsuits depend on the EPA’s authority to argue against state and local claims. Automakers need stable emissions standards for production planning. The rollback throws both into doubt. As environmental law professor Pat Parenteau bluntly put it, the administration appears focused on “fuck[ing] everything up as much as you can.”
The Endangerment Finding: A Brief History
The endangerment finding stemmed from a 2007 Supreme Court ruling in Massachusetts v. EPA. The Court mandated the EPA to regulate greenhouse gases as pollutants under the Clean Air Act. The Bush administration initially resisted acknowledging the scientific consensus on climate change, delaying the finding for nearly two years. However, the legal basis remained: the EPA must regulate pollutants harmful to public health and welfare.
Organized Opposition and Industry Support
For nearly two decades, conservative groups like the Heritage Foundation have sought to dismantle this authority. Despite pressure, even Trump’s EPA administrators initially hesitated, recognizing the need for regulatory stability. Many industries also benefit from a clear regulatory framework, ensuring a “level playing field.”
Flawed Arguments and Scientific Misuse
The proposed rollback relies on weak arguments, including the claim that global emissions render US regulation ineffective. The EPA also cited a Department of Energy report authored by climate contrarians, which experts say misrepresented scientific data. The report was assembled illegally, according to a recent court ruling.
Unexpected Pushback from Business
Surprisingly, some industries oppose the rollback. Oil companies rely on the EPA’s authority to defend against climate lawsuits, while automakers fear regulatory chaos. The American Petroleum Institute even requested the rollback apply only to car emissions, preserving regulations for power plants. This suggests the rollback is driven by ideology rather than economic benefit.
Rapid Implementation Signals Litigation Strategy
The EPA’s unusually fast timeline for the rollback indicates a deliberate push for immediate legal challenge. Unlike typical complex rules taking years to finalize, this move was completed in months. The administration appears intent on escalating the conflict to the Supreme Court, aiming to overturn the Massachusetts v. EPA precedent.
The EPA’s decision to dismantle the endangerment finding represents an aggressive attack on climate regulation, prioritizing ideological goals over industry stability and scientific consensus. Environmental groups are preparing legal challenges, ensuring a prolonged battle that will reshape US climate policy for years to come.
