On Thursday, February 12, US President Donald Trump announced that they are repealing a 2009 landmark Environmental Protection Agency (EPA) finding called the “endangerment finding” that argues that greenhouse gases pose a threat to human health and welfare.
The decision essentially eliminates both the scientific and the legal basis upon which federal climate regulations have been based for nearly two decades.
And Trump described the move, made at the White House, as “about as big as it gets” while standing beside EPA Administrator Lee Zeldin.
What does the Endangerment Finding mean?
The endangerment finding was taken under the Clean Air Act of 2009, during the Obama administration. It concluded that carbon dioxide, methane and other greenhouse gases pose a threat to public health and the environment.
Since then, it has been the legal foundation for all or nearly all of the major federal laws regulating our climate, from low emissions from our vehicles, power plants, and oil and gas operations.
Justifications (Legal and Political)
Trump called the finding a “disastrous Obama-era policy” and confirmed it was being officially terminated. Zeldin called the repeal of the “Holy Grail” in what he called the “climate change religion.”
Zeldin believes that Congress does not explicitly authorise the EPA to regulate greenhouse gases. “If Congress didn’t authorise or facilitate it, EPA shouldn’t be doing it,” Zeldin stated, adding that lawmakers need to clearly pass legislation.
Critics and Challenges to Legality
Environmental groups condemned the move. Manish Bapna, President of the Natural Resources Defence Council, said it was equivalent to a “knockout punch” by fossil fuel interests trying to block America’s clean energy transition.
The American Lung Association said it would be suing because it thinks the repeal was unlawful. Legal experts say that the Supreme Court has repeatedly found the EPA has the power to regulate greenhouse gases as recently as 2022.
If the repeal is upheld, the EPA will not be able to regulate carbon emissions without the legislation from Congress. “We will be there in the court and we will win,” Bapna said.
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