Due This Week: EPA Plan for GHG Endangerment Finding
As promised, Trump on day 1 (January 20, 2025) issued an Executive Order challenging the presumption “greenhouse gases” (GHGs) endanger public health and safety. The pertinent text is in Section 6 reprinted below with my bolds and added images.
Executive Order 14154 of January 20, 2025 Unleashing American Energy
Sec. 6 . Prioritizing Accuracy in Environmental Analyses. (a) In all Federal permitting adjudications or regulatory processes, all agencies shall adhere to only the relevant legislated requirements for environmental considerations and any considerations beyond these requirements are eliminated. In fulfilling all such requirements, agencies shall strictly use the most robust methodologies of assessment at their disposal and shall not use methodologies that are arbitrary or ideologically motivated.
(b) The Interagency Working Group on the Social Cost of Greenhouse Gases (IWG), which was established pursuant to Executive Order 13990, is hereby disbanded, and any guidance, instruction, recommendation, or document issued by the IWG is withdrawn as no longer representative of governmental policy including:
(i) the Presidential Memorandum of January 27, 2021 (Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking);
(ii) the Report of the Greenhouse Gas Monitoring and Measurement Interagency Working Group of November 2023 (National Strategy to Advance an Integrated U.S. Greenhouse Gas Measurement, Monitoring, and Information System);
(iii) the Technical Support Document of February 2021 (Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990); and
(iv) estimates of the social cost of greenhouse gases, including the estimates for the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide based, in whole or in part, on the IWG’s work or guidance.
(c) The calculation of the “social cost of carbon” is marked by logical deficiencies, a poor basis in empirical science, politicization, and the absence of a foundation in legislation. Its abuse arbitrarily slows regulatory decisions and, by rendering the United States economy internationally uncompetitive, encourages a greater human impact on the environment by affording less efficient foreign energy producers a greater share of the global energy and natural resource market. Consequently, within 60 days of the date of this order, the Administrator of the EPA shall issue guidance to address these harmful and detrimental inadequacies, including consideration of eliminating the “social cost of carbon” calculation from any Federal permitting or regulatory decision.
(d) Prior to the guidance issued pursuant to subsection (c) of this section, agencies shall ensure estimates to assess the value of changes in greenhouse gas emissions resulting from agency actions, including with respect to the consideration of domestic versus international effects and evaluating appropriate discount rates, are, to the extent permitted by law, consistent with the guidance contained in OMB Circular A-4 of September 17, 2003 (Regulatory Analysis).
(e) Furthermore, the head of each agency shall, as appropriate and consistent with applicable law, initiate a process to make such changes to any rule, regulation, policy or action as may be necessary to ensure consistency with the Regulatory Analysis.
(f) Within 30 days of the date of this order, the Administrator of the EPA, in collaboration with the heads of any other relevant agencies, shall submit joint recommendations to the Director of OMB on the legality and continuing applicability of the Administrator’s findings, “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” Final Rule, 74 FR 66496 (December 15, 2009).
What Might Happen Next
Source E&E News : Trump set a deadline on the endangerment finding. Here’s what might happen.
The finding, issued during President Barack Obama’s first term, holds that greenhouse gas emissions “may reasonably be anticipated to endanger public health or welfare.” It’s the prerequisite for Clean Air Act rules targeting heat-trapping pollutants such as carbon dioxide and methane. The finding originally pertained to climate pollution from vehicles, but it opened the door for regulations on power plants and oil and gas infrastructure. And it could support future regulation on additional sources of climate pollution, such as landfills, refineries and industrial plants.
Getting rid of the finding would make scrapping EPA climate rules a matter of routine paperwork, an expert said. Regulations could be undone through simple, swift rulemakings. No replacement rules would be needed.
“Taking away the 2009 endangerment finding would really make it almost a virtual formality to take down all the greenhouse rules for CO2 and methane,” said Joe Goffman, EPA’s air chief under Biden.
EPA would still need to strip out sector-specific findings from rules written under a key section of the Clean Air Act — known as Section 111 — he said. But when the dust settled, EPA could regulate oil and gas facilities for ozone-forming pollutants alone, and not for methane — greatly reducing requirements for industry. And power plants that burn fossil fuels wouldn’t be regulated for carbon.
Daren Bakst, director of the energy and environment program at the conservative Competitive Enterprise Institute, a think tank that has long advocated getting rid of the endangerment finding, agreed that it would “present legal challenges.” But he said the risk was worth taking.
“If the EPA finds there is no endangerment, and this survives in court, it would have the important effect of stopping the EPA from regulating greenhouse gases,” he said.
Regarding next week’s deadline, he said Zeldin might submit only preliminary recommendations to the Office of Management and Budget, rather than a full-blown decision to challenge the finding, or pass on it.

























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