The Trump administration Tuesday proposed revoking a scientific finding that has long been the central basis for U.S. action to regulate greenhouse gas emissions and fight climate change.
The proposed Environmental Protection Agency rule would rescind a 2009 declaration that determined that carbon dioxide and other greenhouse gases endanger public health and welfare.
The “endangerment finding” is the legal underpinning of a host of climate regulations under the Clean Air Act for motor vehicles, power plants and other pollution sources that are heating the planet.
EPA Administrator Lee Zeldin announced the proposed rule change on a podcast ahead of an official announcement set for Tuesday in Indiana.
Repealing the endangerment finding “will be the largest deregulatory action in the history of America,” Zeldin said on the “Ruthless” podcast.
Zeldin called for a rewrite of the endangerment finding in March as part of a series of environmental rollbacks announced at the same time in what Zeldin said was “the greatest day of deregulation in American history.” A total of 31 key environmental rules on topics from clean air to clean water and climate change would be rolled back or repealed under the plan.
He singled out the endangerment finding as “the Holy Grail of the climate change religion” and said he was thrilled to end it “as the EPA does its part to usher in the Golden Age of American success.”
Tailpipe emission limits also targeted
The EPA also called for rescinding limits on tailpipe emissions that were designed to encourage automakers to build and sell more electric vehicles. The transportation sector is the largest source of greenhouse gas emissions in the United States.
Three former EPA leaders have criticized Zeldin, saying his March proposal would endanger the lives of millions of people in the United States and abandon the agency’s dual mission to protect the environment and human health.
“If there’s an endangerment finding to be found anywhere, it should be found on this administration, because what they’re doing is so contrary to what the Environmental Protection Agency is about,” Christine Todd Whitman, who led the EPA under Republican President George W. Bush, said after Zeldin’s plan was made public.
President Donald Trump issued an executive order directing the agency to submit a report “on the legality and continuing applicability” of the endangerment finding.
Conservatives and some congressional Republicans hailed the initial plan, calling it a way to undo economically damaging rules to regulate greenhouse gases.
But environmental groups, legal experts and Democrats said any attempt to repeal or roll back the endangerment finding would be an uphill task with slim chance of success. The finding came two years after a 2007 Supreme Court ruling holding that the EPA has authority to regulate greenhouse gases as air pollutants under the Clean Air Act.
A ‘kill shot’ to invalidate all climate regulations
Michael Gerrard, founder of the Sabin Center for Climate Change Law, and other climate policy experts said the government's reversal would face litigation from environmental advocacy groups and blue states like New York and California.
“Revocation of the endangerment finding, if it survives in court, would greatly impair our ability to fight climate change,” he said.
Sam Sankar, the senior vice president of programs at the nonprofit legal group Earthjustice, said it plans to immediately file a legal challenge.
David Doniger, a climate expert at the Natural Resources Defense Council, an environmental group, said it was virtually “impossible to think that the EPA could develop a contradictory finding [to the 2009 standard] that would stand up in court.”
Doniger and other critics accused Trump’s Republican administration of using potential repeal of the endangerment finding as a “kill shot” that would allow him to make all climate regulations invalid. If it were finalized, repeal of the endangerment finding would erase current limits on greenhouse gas pollution from cars, factories, power plants and other sources and could prevent future administrations from proposing rules to tackle climate change.
The Endangerment Finding “is the legal foundation that underpins vital protections for millions of people from the severe threats of climate change, and the Clean Car and Truck Standards are among the most important and effective protections to address the largest U.S. source of climate-causing pollution,” said Peter Zalzal, associate vice president of the Environmental Defense Fund.
“Attacking these safeguards is manifestly inconsistent with EPA’s responsibility to protect Americans’ health and well-being,” he said. “It is callous, dangerous and a breach of our government’s responsibility to protect the American people from this devastating pollution.”
