Trump's Environmental Protection Agency advocates for the removal of restrictions on greenhouse gas emissions
The United States Environmental Protection Agency (EPA) has announced a plan to overturn a key 2009 finding that underpins much of the federal government's actions to rein in climate change. This move, initiated by the Trump administration, is highly controversial and considered legally risky.
In 2007, the Supreme Court found in Massachusetts v. EPA that the EPA is required to regulate carbon dioxide and other greenhouse gas emissions under the Clean Air Act. The endangerment finding, the basis for rules regulating climate pollution from coal and gas-fired power plants, car and truck exhaust, and methane from the oil and gas industry, was established as a result.
However, the Trump administration argues that the EPA, under then-President Barack Obama, established the endangerment finding in a flawed and unorthodox way and did not stick to the letter of the Clean Air Act. EPA Administrator Lee Zeldin has argued that the original 2009 finding relied on incorrect scientific predictions and that the agency should not have the power to "creatively come up with our own law" by making such a determination without explicit congressional authorization.
The administration's legal justification for this proposal is primarily that the EPA lacks the legal authority under the Clean Air Act to determine that greenhouse gases such as carbon dioxide and methane endanger public health and welfare. Zeldin has also stated that this action would drive down the cost of living for American families, unleash American energy, bring auto jobs back to the U.S., and more.
However, this move is facing fierce opposition from states and environmental groups. They argue that the endangerment finding has been upheld by the Supreme Court and recent courts have declined to hear challenges to it, reflecting strong precedent supporting the EPA’s authority to regulate greenhouse gases under the Clean Air Act. Experts anticipate extensive legal battles if the proposal goes forward, as rescinding the finding would eliminate a foundational regulatory tool to limit climate change pollution.
In 2022, Congress included language in the climate-focused Inflation Reduction Act that labels greenhouse gases as pollutants under the Clean Air Act, further strengthening the EPA's regulatory power in this area.
If the EPA's decision is upheld, it would make it more difficult for future administrations to limit the human-caused greenhouse gas pollution that's heating the planet. The Trump administration's opponents view this as a deregulatory rollback that undermines well-established legal and scientific consensus. The Natural Resources Defense Council (NRDC) has stated they will not let the EPA's actions happen without a fight, and if EPA finalizes this illegal and cynical approach, they will see them in court.
This proposal comes in the wake of the hottest year humans have ever recorded on Earth, highlighting the urgency of addressing climate change. The Trump EPA is making a legal argument that previous administrators overstepped their legal authority and imposed trillions of dollars of costs on Americans. However, the long-term costs of inaction on climate change are expected to be far greater.
References: 1. New York Times: Trump Administration Plans to Roll Back Obama-Era Climate Policies 2. The Washington Post: Trump administration to roll back Obama-era climate change rules 3. The Guardian: Trump administration plans to roll back Obama’s climate change policies 4. NPR: Trump Administration To Roll Back Obama-Era Climate Policies
- The Trump administration's proposal to overturn the 2009 endangerment finding, which underpins federal actions against climate change, is contentious and legally questionable.
- The endangerment finding, a key part of regulations on climate pollution from various sectors, was established based on a 2007 Supreme Court decision that mandated the EPA to regulate greenhouse gas emissions.
- The EPA Administrator, Lee Zeldin, contends that the original finding was flawed and that the agency cannot "create our own law" without explicit congressional authorization.
- The administration's argument focuses on the EPA's lack of legal authority under the Clean Air Act to declare greenhouse gases a public health endangerment.
- Opponents, including states and environmental groups, argue that the endangerment finding has strong legal precedent, upheld by the Supreme Court, and that rescinding it would eliminate a crucial regulatory tool to combat climate change.
- In 2022, Congress included language in the Inflation Reduction Act that reinforced the EPA's regulatory power over greenhouse gases as pollutants under the Clean Air Act.
- If the proposal goes forward, extensive legal battles are anticipated, as critics foresee that rescinding the endangerment finding would sorely limit future administrations' ability to regulate greenhouse gas emissions.
- The Natural Resources Defense Council (NRDC) has vowed to take the EPA to court if they finalize this proposal, which they deem illegal and cynical undermining of established legal and scientific consensus regarding climate change.
