EPA Moves to Repeal Finding that Allows Climate Regulation

Introduction to the Repeal

President Donald Trump’s administration proposed revoking a scientific finding on Tuesday 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.

The Proposal and Its Implications

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.
“There are people who, in the name of climate change, are willing to bankrupt the country," Zeldin said. "They created this endangerment finding and then they are able to put all these regulations on vehicles, on airplanes, on stationary sources, to basically regulate out of existence, in many cases, a lot of segments of our economy. And it costs Americans a lot of money.”
The EPA proposal must go though a lengthy review process, including public comment, before it is finalized, likely next year. Environmental groups are likely to challenge the rule change in court.

Tailpipe Emission Limits Also Targeted

The EPA also is expected to call 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.
Environmental groups said Zeldin’s action denies reality as weather disasters exacerbated by climate change continue in the U.S. and around the world.
“As Americans reel from deadly floods and heat waves, the Trump administration is trying to argue that the emissions turbocharging these disasters are not a threat,” said Christy Goldfuss, executive director of the Natural Resources Defense Council. “It boggles the mind and endangers the nation’s safety and welfare.”

Reaction from Environmental Groups and Former EPA Leaders

Under Zeldin and Trump, “the EPA wants to shirk its responsibility to protect us from climate pollution, but science and the law say otherwise,” Goldfuss added. “If EPA finalizes this illegal and cynical approach, we will see them in court.”
Three former EPA leaders have also criticized Zeldin, saying his March announcement targeting the endangerment finding and other rules imperiled the lives of millions of Americans and abandoned 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 EPA under Republican President George W. Bush, said after Zeldin’s plan was made public.

Passing Court Muster Could Be an Issue

David Doniger, a climate expert at the NRDC, 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 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.

Conclusion

The proposal by the EPA to repeal the endangerment finding is a significant move that could have far-reaching implications for climate regulation in the United States. The move has been met with criticism from environmental groups and former EPA leaders, who argue that it denies the reality of climate change and endangers public health and welfare. The proposal must go through a lengthy review process before it is finalized, and it is likely to be challenged in court.

FAQs

• Q: What is the endangerment finding?
  A: The endangerment finding is a 2009 declaration by the EPA that determined carbon dioxide and other greenhouse gases endanger public health and welfare.
• Q: What are the implications of repealing the endangerment finding?
  A: Repealing the endangerment finding could erase current limits on greenhouse gas pollution from various sources and prevent future administrations from proposing rules to tackle climate change.
• Q: Why are environmental groups criticizing the proposal?
  A: Environmental groups argue that the proposal denies the reality of climate change and endangers public health and welfare.
• Q: What is the next step in the process?
  A: The proposal must go through a lengthy review process, including public comment, before it is finalized.
• Q: Is the proposal likely to be challenged in court?
  A: Yes, environmental groups are likely to challenge the rule change in court.