When first using this image, I was noting how naive were politicians (the Brits, for example) to legislate future CO2 emissions reductions, opening themselves up to lawsuits and legal constraints on policy decisions. Now the same advice applies to the Trump administration targeting the root of the poisonous tree of climate alarmism. First the lay of the land from EPA Director Zeldin, in italics with my bolds:
Trump EPA Kicks Off Formal Reconsideration of Endangerment Finding with Agency Partners
EPA Press Office (press@epa.gov)
WASHINGTON – U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency will be kicking off a formal reconsideration of the 2009 Endangerment Finding in collaboration with the Office of Management and Budget (OMB) and other relevant agencies. EPA also intends to reconsider all of its prior regulations and actions that rely on the Endangerment Finding.
Administrator Zeldin: “After 16 years, EPA will formally reconsider the Endangerment Finding.” “The Trump Administration will not sacrifice national prosperity, energy security, and the freedom of our people for an agenda that throttles our industries, our mobility, and our consumer choice while benefiting adversaries overseas. We will follow the science, the law, and common sense wherever it leads, and we will do so while advancing our commitment towards helping to deliver cleaner, healthier, and safer air, land, and water.”
White House OMB Director Russ Vought: “EPA’s regulation of the climate affects the entire national economy—jobs, wages, and family budgets. It’s long overdue to look at the impacts on our people of the underlying Obama endangerment finding.”
Secretary of the Interior Doug Burgum: “The United States produces energy smarter, cleaner, and safer than anywhere else in the world. To achieve President Trump’s vision for energy dominance, we are prioritizing innovation over regulation to attain an affordable, reliable, clean, and secure energy future for all Americans.”
Energy Secretary Chris Wright: “The 2009 Endangerment finding has had an enormously negative impact on the lives of the American people. For more than 15 years, the U.S. government used the finding to pursue an onslaught of costly regulations – raising prices and reducing reliability and choice on everything from vehicles to electricity and more. It’s past time the United States ensures the basis for issuing environmental regulations follows the science and betters human lives.”
Transportation Secretary Duffy: “Thanks to President Trump’s leadership and the hard work of Administrator Zeldin, we are taking another important step toward ushering in a golden age of transportation. The American people voted for a government that prioritizes affordable, safe travel and lets them choose the vehicles they drive. Today we are delivering on that promise, and this will allow the DOT to accelerate its work on new vehicle fuel economy standards that will lower car prices and no longer force Americans to purchase electric vehicles they don’t want.”
Office of Information and Regulatory Affairs Administrator Jeff Clark: “Since 2009, I’ve consistently argued that the endangerment finding required a consideration of downstream costs imposed on both mobile sources like cars and stationary sources like factories. Under the enlightened leadership of President Trump and Administrator Zeldin, the time for fresh thought has finally arrived.”
In President Trump’s Day One Executive Order, “Unleashing American Energy,” he gave the EPA Administrator a 30-day deadline to submit recommendations on the legality and continuing applicability of the 2009 Endangerment Finding. After submitting these recommendations, EPA can now announce its intent to reconsider the 2009 Endangerment Finding.
When EPA made the Endangerment Finding in 2009, the agency did not consider any aspect of the regulations that would flow from it. EPA’s view then was that the Finding itself did not impose any costs, and that EPA could not consider future costs when making the Finding. EPA has subsequently relied on the Endangerment Finding as part of its justification for seven vehicle regulations with an aggregate cost of more than one trillion dollars, according to figures in EPA’s own regulatory impact analyses. The Endangerment Finding has also played a significant role in EPA’s justification of regulations of other sources beyond cars and trucks.
Congress tasked EPA under Section 202 of the Clean Air Act with regulating new motor vehicles when the Administrator determines that emissions of an air pollutant endanger public health and welfare. But the Endangerment Finding went about this task in what appears to be a flawed and unorthodox way. Contrary to popular belief, the Endangerment Finding did not directly find that carbon dioxide emissions from U.S. cars endanger public welfare. Instead, the Finding looks at a combination of emissions of six different gases—and cars don’t even emit all six. It then creatively added multiple leaps, arguing that the combined six gases contribute some mysterious amount above zero to climate change and that climate change creates some mysterious amount of endangerment above zero to public health. These mental leaps were the only way the Obama-Biden Administration could come to its preferred conclusion, even if it did not stick to the letter of the Clean Air Act.
The Endangerment Finding acknowledges and identifies significant uncertainties in the science and assumptions used to justify the decision. In the 16 years since EPA issued the Endangerment Finding, the world has seen major developments in innovative technologies, science, economics, and mitigation. EPA has never before asked for public comment on the implications these developments have had on the Endangerment Finding, but now it will as part of the reconsideration process it intends to undertake. Additionally, major Supreme Court decisions in the intervening years, including Loper Bright Enterprises v. Raimondo, West Virginia v. EPA, Michigan v. EPA, and Utility Air Regulatory Group v. EPA, have provided new guidance on how the agency should interpret statutes to discern Congressional intent and ensure that its regulations follow the law.
As part of this reconsideration process, EPA will leverage the expertise of the White House Budget Office, including the Office of Information and Regulatory Affairs, White House Office of Science and Technology Policy, National Oceanic and Atmospheric Administration, and other relevant agencies.
It is in the best interest of the American people for EPA to ensure that any finding and regulations are based on the strongest scientific and legal foundation. The reconsideration of the Endangerment Finding and EPA’s regulations that have relied on it furthers this interest. The agency cannot prejudge the outcome of this reconsideration or of any future rulemaking. EPA will follow the Administrative Procedure Act and Clean Air Act, as applicable, in a transparent way for the betterment of the American people and the fulfillment of the rule of law.
This was announced in conjunction with a number of historic actions to advance President Trump’s Day One executive orders and Power the Great American Comeback. Combined, these announcements represent the greatest and most consequential day of deregulation in the history of the United States. The overhaul of the Endangerment Finding along with other massive rules represents the death of the Green New Scam and drives a dagger straight into the heart of the climate change religion. While accomplishing EPA’s core mission of protecting the environment, the agency is committed to fulfilling President Trump’s promise to unleash American energy, lower costs for Americans, revitalize the American auto industry, restore the rule of law, and give power back to states to make their own decisions.
Objections from the usual suspects
“This decision ignores science and the law,” David Doniger, senior strategist and attorney for climate and energy at the Natural Resources Defense Council, said in a statement. “Abdicating EPA’s clear legal duty to curb climate-changing pollution only makes sense if you consider who would benefit: the oil, coal, and gas magnates who handed the president millions of dollars in campaign contributions.”
Vickie Patton, the Environmental Defense Fund’s general counsel, said any move to undo the finding “would be reckless, unlawful, and ignore EPA’s fundamental responsibility to protect Americans from destructive climate pollution. We will vigorously oppose it.”
“They don’t have a winning hand. Having the power to do this doesn’t tell you anything about whether or not what they’re doing makes sense on the merits,” said Joseph Goffman, who ran EPA’s air office during the Biden administration. “They’ve got nothing on the merits.”
Michael Mann, a climate scientist at the University of Pennsylvania dismissed the EPA’s action as “just the latest form of Republican climate denial. They can no longer deny climate change is happening, so instead they’re pretending it’s not a threat, despite the overwhelming scientific evidence that it is, perhaps, the greatest threat that we face today.”
The Pathways and the Risks
Shuting Pomerleau gives insight into activists worries and the possibilities: Is EPA’s Endangerment Finding at Risk?
If EPA’s endangerment finding is rescinded, it may not have any material impact on the agency’s legal basis for issuing future climate regulations on GHG emissions, since the IRA amended the CAA to grant explicit authority to the agency. Nevertheless, repealing the endangerment finding would likely create chaos and uncertainty for U.S. climate policy.
First, rescinding the endangerment finding would make it much easier for the Trump Administration to repeal the existing EPA GHG emissions regulations because the original legal basis for this authority would no longer exist. Under the Obama and Biden Administrations, EPA has issued several sector-based GHG emissions regulations using the endangerment finding as a legal basis.
Second, repealing the endangerment finding would immediately subject EPA to legal challenges that could last years. Before the dispute could be adjudicated by the courts, there would be considerable confusion and uncertainty over compliance with the existing regulations. This would negatively impact the regulatory environment for businesses, as they need durable and consistent policies to make long-term investment decisions.
From the perspective of policymaking, rescinding EPA’s endangerment finding puts a big question mark on the outlook of U.S. climate policies. Currently, at the federal level, the United States uses a patchwork of policies to mitigate GHG emissions, such as handing out massive clean energy tax subsidies under the IRA and relying on command-and-control EPA regulations. The IRA energy tax provisions will likely be subject to at least partial repeal in an upcoming 2025 reconciliation bill. Even if a future administration seeks to regulate GHG emissions via EPA rulemaking, it would take a long time, and generally such regulations are costly, inflexible, and vulnerable to legal challenges.
What to Expect Next
EPA to Accept Nominations for Science Boards
WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that a notice will be published in the Federal Register seeking nominations for the Science Advisory Board (SAB) and Clean Air Scientific Advisory Committee (CASAC). Nominations will be accepted for 30 days following publication of the Federal Register notice.
“Reconstituting the Science Advisory Board and Clean Air Scientific Advisory Committee are critical to ensuring that the agency receives scientific advice consistent with its legal obligations to advance our core mission of protecting human health and the environment,” said EPA Administrator Zeldin. “I look forward to receiving nominations to build an independent group of advisors to aid the agency’s rulemaking.”
In January, EPA announced its decision to reset these federal advisory committees
to reverse the politicization of SAB and CASAC under the Biden-Harris Administration.
Science Matters 
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