EPA mulls rescinding climate change “endangerment finding” that justifies federal emissions regulation

07/26/2025 / By Kevin Hughes

The EPA is drafting a proposal to repeal the 2009 “endangerment finding,” which classified greenhouse gases as a threat to public health and enabled federal regulation of emissions under the Clean Air Act. This move would strip the EPA’s authority to enforce climate policies.
The proposal would eliminate legal justification for regulating greenhouse gases, removing motor vehicle emissions limits. Critics argue this undermines climate progress, while supporters claim it corrects overreach by the Obama-era EPA.
Environmental groups and legal scholars warn the repeal contradicts scientific consensus and court precedents, such as the 2007 Massachusetts v. EPA ruling. Legal challenges are expected, potentially causing policy delays.
The Trump administration aims to dismantle federal climate regulations to prioritize fossil fuel expansion. Critics say repealing the endangerment finding could permanently hinder future climate action, despite overwhelming evidence of climate risks.
The proposal marks a pivotal moment in U.S. climate policy, with far-reaching consequences for the environment, public health and the economy. It will face intense scrutiny and litigation, prolonging conflicts over climate regulation.

In a move that has sparked intense debate and concern among environmentalists and legal experts, the Environmental Protection Agency (EPA) is reportedly drafting a proposal to rescind the 2009 “endangerment finding,” a cornerstone of federal climate policy.

This finding – which established that greenhouse gas emissions pose a threat to public health and welfare – has been the legal foundation for regulating emissions from vehicles, power plants and other sources.

The EPA, under the leadership of Administrator Lee Zeldin, announced in March that it would reconsider the endangerment finding, a decision that was part of a broader effort to roll back environmental regulations. According to sources familiar with the matter, the draft proposal aims to eliminate the legal justification for regulating greenhouse gases under the Clean Air Act. This would effectively strip away the regulatory power that has been used to implement significant climate policies over the past decade.

The proposal, titled “Greenhouse Gas Endangerment Finding and Motor Vehicle Reconsideration Rule,” is currently under review by the Office of Management and Budget. Once the interagency review is complete, it will be published for public comment. The EPA has not disclosed the details of the draft, but sources indicate that it would remove all limits on motor vehicle emissions, a move that could have far-reaching consequences for the environment and public health.

Political and environmental implications

Thomas Pyle, president of the Institute for Energy Research, a conservative think tank, supports the review, stating that the EPA’s original decision was not mandated by Congress and relied on a single Supreme Court case. He believes that Congress should have the final say on the matter.

Legal scholars point out that the proposal is likely to face significant legal challenges. New York University law professor Richard Revesz noted that while the repeal might not hold up in court, it could still create uncertainty and delay in U.S. climate policy until a final judicial decision is made. Vicki Arroyo, who teaches environmental law at Georgetown University, described the move as an attempt to “turn back the clock and re-litigate both the science and the law.”

Joseph Goffman, who led the EPA’s air office under the Biden administration, stated that the proposed rule conflicts with the 2007 Supreme Court ruling in Massachusetts v. EPA, which first recognized greenhouse gases as pollutants under the Clean Air Act. He warned that the Trump administration’s proposal could have significant legal and environmental repercussions.

The 2009 endangerment finding was based on a comprehensive scientific assessment that linked greenhouse gas emissions to rising global temperatures, more frequent and severe weather events, and increased health risks. Environmental advocates argue that repealing the endangerment finding would not only erase current limits on emissions but also prevent future administrations from implementing effective climate policies.

The Trump administration’s efforts to roll back the endangerment finding 16 years later are part of a larger strategy to dismantle federal climate regulations. Since taking office, President Donald Trump has consistently prioritized the expansion of fossil fuel production and use, while undermining policies aimed at reducing greenhouse gas emissions. (Related: EPA proposes repeal of climate regulations on power plants: A new era for energy policy)

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Watch this Fox Business report about EPA Administrator Lee Zeldin shutting down Biden-era projects he describes as a “ridiculous waste of money.”

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EPA mulls rescinding climate change “endangerment finding” that justifies federal emissions regulation

Political and environmental implications

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