The Future of EPA’s Endangerment Finding: Political and Legal Landscape
In a landmark decision in 2007, the U.S. Supreme Court affirmed the authority of the Environmental Protection Agency (EPA) to regulate greenhouse gases, recognizing them as air pollutants under the Clean Air Act. This ruling catalyzed significant climate regulatory actions in the United States.
The Significance of the Endangerment Finding
The EPA identified six major greenhouse gases, including carbon dioxide, as threats to public health and welfare. This identifying precedent has served as a foundation for various regulatory measures aimed at tackling nearly 30% of U.S. emissions attributed to the transportation sector. Notably, both the Obama and Biden administrations have leveraged this endangerment finding to impose limits on vehicle tailpipe emissions.
Current Challenges to the Endangerment Finding
Recently, the endangerment finding has come under scrutiny as political tides shift. Reports from the Washington Post suggest that EPA Administrator Lee Zeldin is advising the White House to reconsider this critical finding. While decisions appear pending, such maneuvers have long been a goal for many Republicans, particularly as highlighted by Project 2025—a conservative initiative exploring potential policies for a future Trump administration.
Legal Difficulties Anticipated
Experts caution that altering the endangerment finding would entail significant legal hurdles. According to Romany Webb, deputy director of the Sabin Center for Climate Change Law at Columbia University, substantial scientific evidence supports the premise that greenhouse gas emissions are a major contributor to climate change, fulfilling the legal criteria for endangerment.
Any attempts by the Trump administration to reverse this finding will likely invite legal challenges. The Inflation Reduction Act of 2022 reinforced the finding by specifying that greenhouse gases like carbon dioxide qualify as air pollutants under the Clean Air Act. This solidifies Congress’s stance on the matter, complicating any theoretical revocation.
The Judicial Landscape
The endangerment finding has withstanded extensive legal scrutiny over the years, with opposing stakeholders—from industry groups to climate skeptics—failing to overturn it in court. The D.C. Circuit Court, which handles federal policy-related cases, has repeatedly validated the EPA’s regulatory authority. Their interpretations have been upheld as “unambiguously correct,” and as recently as December 2023, the Supreme Court declined to review a challenge against the finding.
Implications of a Policy Shift
If the Biden Administration were to instruct the EPA to roll back the endangerment finding, and if Congress takes steps to dismantle components of the Inflation Reduction Act that reinforce it, the resulting policy changes could undermine several pivotal climate regulations. This would occur at a time when evidence of climate change’s detrimental impacts—such as escalating heatwaves, fires, and flooding—is increasingly clear.
Vickie Patton, general counsel at the Environmental Defense Fund, expressed concern about such a reversal, describing it as potentially “reckless” and “unlawful,” given the EPA’s core duty to protect public health from harmful climate pollution.
Conclusion
The fate of the EPA’s endangerment finding is precarious, surrounded by a complex web of political maneuvering and legal precedent. As discussions unfold regarding the regulatory landscape of greenhouse gases, the implications could have profound effects on climate action in the United States.
