EPA to Scrap Key Greenhouse Gas Regulation Decision

The EPA's Decision to Revoke a Key Scientific Finding

The Environmental Protection Agency (EPA) has taken a significant step by deciding to revoke a key scientific finding it published 16 years ago. This finding, known as the "endangerment finding," established that six greenhouse gases pose a threat to public health and must be regulated under the Clean Air Act. The decision marks what Administrator Lee Zeldin described as "the largest deregulatory action in the history of America."

Since its adoption in 2009 under then-Administrator Lisa Jackson, the endangerment finding has served as the foundation for the EPA’s regulation of greenhouse gas emissions from various sources, including new motor vehicles, power plants, and other transportation sectors like planes and oil and gas operations. However, Zeldin announced on a conservative podcast that the agency is now seeking to revoke this finding.

According to a press release issued by the EPA, if the draft proposal to revoke the finding is finalized, it would repeal all resulting greenhouse gas emissions regulations for motor vehicles and engines. The agency claims this move would "reinstating consumer choice and giving Americans the ability to purchase a safe and affordable car for their family while decreasing the cost of living on all products that trucks deliver."

Zeldin criticized the endangerment finding, arguing that it imposed excessive regulatory restrictions on transportation and stationary sources of greenhouse gas pollution. He claimed that such regulations cost Americans too much money, with the EPA stating that the proposed revocation could save Americans $54 billion annually through the repeal of all greenhouse gas standards.

However, the EPA’s own regulatory impact report highlights the benefits of limiting emissions for cars and trucks. It estimates that these measures could generate over $2.1 trillion in net benefits over the next 30 years, including $820 billion in fuel savings and $1.8 trillion in public health and climate benefits.

Legal and Scientific Implications

The legality of the endangerment finding was addressed in the 2007 Supreme Court case Massachusetts v. EPA, which ruled that greenhouse gases are a form of air pollution that can be regulated under the Clean Air Act. Two years later, the EPA published the endangerment finding, relying on extensive scientific evidence and public input to state that greenhouse gases threaten public health and welfare.

A former EPA employee who was a key author on the 2009 finding noted that the scientific evidence met the requirements of the Clean Air Act and has only grown stronger over time. Despite this, the EPA’s new proposal aims to question the agency's ability to set standards for car emissions, though the full draft of the rule is not yet accessible for review.

The press release also mentions that the EPA will update scientific data and challenge the assumptions of the 2009 finding with a study from the Department of Energy’s 2025 Climate Work Group. This study, however, has not been peer-reviewed and claims that greenhouse gases "appear to be less damaging economically than commonly believed."

Reactions and Concerns

Conservative groups and attorneys general have welcomed the EPA’s announcement, with Indiana Attorney General Todd Rokita stating that they were the last line of defense against the Biden administration’s policies. The endangerment finding has faced legal challenges, most recently in 2023, but the U.S. Court of Appeals for the D.C. Circuit upheld the finding, and the Supreme Court declined to hear the case.

Environmental advocates have expressed strong concerns about the potential consequences of revoking the endangerment finding. Christy Goldfuss of the Natural Resources Defense Council stated that the move contradicts the Supreme Court’s directive for the EPA to follow the science. She warned that if the EPA finalizes this approach, it could face legal challenges.

Impact on the Transportation Sector

Since the endangerment finding was signed in 2009, one of the most significant impacts has been on the U.S. transportation sector. If it were its own country, the sector would be the fourth-largest source of greenhouse gas emissions globally. New passenger vehicles today emit 24% less climate pollution than they did in 2011, according to the EPA’s estimates. The agency also tightened tailpipe emissions standards in 2024, which was expected to cut 7.2 billion tons of climate pollution by 2055 and save $13 billion in annual health benefits.

Despite these benefits, the EPA’s press release claims that the proposed revocation would undo $1 trillion in costly regulations and save more than $54 billion annually. However, no regulatory analysis has been provided to confirm these figures.

In addition to removing vehicle regulations, the EPA has already jettisoned similar rules to limit emissions for power plants, encouraged fossil fuel-based energy development, and promised to roll back dozens of additional environmental regulations that hinder American energy and manufacturing.

Former EPA Administrator Gina McCarthy criticized the move, stating that the current EPA is putting the safety of loved ones at risk while increasing grid instability, energy bills, and disaster costs.