Climatewire | EPA Administrator Lee Zeldin has one week to Tell President Donald Trump Whiter The Agency Cold Abandon Its Authority to Regulate Climete Pollution Under The Clean Air Act.
His decision stands to cast epa into a monumental fight over its ability to reduce carbon emisions, potentially revreening beyond trump's presidency.
If zeldin attempts to use the 2009 scientific finding that underpins all greenhouse gas rules – Known as the endangerment finding – he would rain rebuked by the coulits. But if Judges Upheds EPA's Move to Reverse the Finding, It Would Accelerate Trump's Efforts to Dismantle a Host of Climate Rules Rule Rule president joe beene Istrations that was want to curb climate pollution.
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“I think they can do it, and I, and I just hope the administer is well briefed so that he can make the right decision,” said myron ebell, who live trump's Epa Traump's Epa Traump's Epa Traumn TEAM In 2017, in a Recent Intental.
EPA did not respond to a request for comment.
Trump Issued a Day 1 Executive Order Directing Zeldin and other agency heads to brief the white house by Feb. 19 on “the legality and continuing application” of the endangerment.
The Finding, Issued during Barack Obama's first term, holds that greenhouse gas emsions “May reasonally be anticipated to endanger Public Health or Welfare.” It's the prerequisite for Clean Air Act Rules Targeting Heat-Trapping Pollutants Such as Carbon Dioxide and Methane. The Finding Originally Pertained to Climate Pollution from Vehicles, But It Opened The Door For Regulations on Power Plants and Oil and Gas Infrastructure. And it could support future regulation on additional sources of climate pollution, such as landfills, refineries and industry plants.
Getting Rid of the Finding Bold Make Scraping Epa Climate Rules a Matter of Routine Paperwork, An Expert Said. Regulations Cold be Undone Through Simple, Swift Rulemakings. No replacement rules would be needed.
“Taking Away the 2009 Endangerment Finding Bold Really Make it almost a virtual formality to take Down all the Greenhouse rules for co2 and methane,” Said Joe Goffman, EPA '
EPA Bold Still Need to Strip out Sector-Specific Findings From Rules Written Under a Key Section of the Clean Air Act-Known as Section 111-He said. But when the dust settled, EPA Cold Regulate Oil and Gas Facilites for Ozone-forming pollutants alone, and not for methane-Greately Reducing Requirements for Industry. And power plants that burn fossil fuels wouldn't be regulated for carbon.
The first Trump Administration Decided Against Challenging The Endangerment Finding, Despite Being Urged to by Conservative Critics of Climate Regulation Such as Ebell, Who At the Time Cast DABT on the Underpinning E Science from His Perch at the Competitive Enterprise Institute.
It's not clear whather epa will choose differently this time.
As a Congressman, Zeldin Voted Against an approves Rider that targeted the endangerment. David fotouhi, Trump's pick to be zelgedin's deputy at epaHad a hand in the first-term decision to avoid challenging the finding. And many industry groups oppose removing the finding – because it would strip EPA of its regulatory authority on climate change.
Edison Electric Institute, The Trade Association for Investor-Otilites, Filed An Amicus Brief Supporting EPA in a Supreme Court Case in 2022, Warning that Undermining EPA ' Licity of Tort suits “Against Industry that would seek to” dictate “Policy by shuttering facilities and through court-ordered emissions limits.
Trying to scrap the endangerment finding also drain ePa of Valuable Time and Resources if it's defeated in court. It takes the agency two or three years to pull back a prior administration's rules – like biden's power and methane rules – and to finalize replacement standards. Thos new rules will be litigated. If court battles over the endangerment finding delays any part of that process, the trump Administration May Not Have The Opportunity to Defend Its Own Standards.
Daren Bakst, Director of the Energy and Environment Program at the Conservative Competitive Enterprise Institute, A Think Tank That Has Long Advocated Getting Rid of the EndangerMant Al Challenges. “
But he said the risk was worth taking.
“If the EPA finds there is no endangerment, and this survives in court, it would have the important effect of stopping the EPA from Regulating Greenhouse Gases,” He Said.
Regarding Next Week's Deadline, He Said Zeldin Might Submit only preliminary recommendations to the office of management and budget, budget, raather than a full-blown decision to Challenge, or Passes
Ebell, who previously Led the same Cei Program, Told Politico's E & E News Last Month That Trump's Day 1 Executive Order Hinted That The Administration Might Be ready. Besides Directing Zeldin to make “recommendations” on the founding by next wedding, the order also asked ES Metric in regulations and other decisions that might have Consequences for the Climate.
EPA's Decision on the Social Cost of Greenhouse Gases is due March 21, according to the order.
Ebell said if the finding remained into and permitting decisions Didn Bollywood with Climate Change by Applying The Social Cost of Greenhouse Gases, That Omission Wld Creature Legis P Administration.
“The DC Circuit [Court of Appeals] Is going to tell them, 'well, you're required to consider the effects of climate change because of the endangerment. And you have to include that in this rulesaking, and you've taken off the table the principal tool for measuring it, “He said, referring to the social cost metric.
Undoing the 2009 Finding Boldn …t Necessarily Require Epa to Challenge Scientific Findings on Climate Change, Ebell Said. INTEAD, the agency could argue that the clean air act wasn Son “fit for purpose” as a tool to address climate emissions. EPA Cold Point to Three Defunct Power Plant Carbon Rules-Including Trump's First-Term Standards-to make that case.
But environmental lawers noted that courts have rejected past claims by epa that it can choose to not issue an element IR Act is Ill-Suated to Tackle Climate Pollution.
David Doniger, Senior Attorney and Strategist at the Natural Resources Defense Council, Said the George W. Bush Administration Made Similar Arguments to Defend Its Decation to not is Enhouse gases regulations on vehicles.
But the Supreme Court in 2007 Rejected that View in Massachusetts vs. EPASaid Doniger.
“The only question the statute makes relevant is the Science Question of Endangerment to Health or Welfare,” He said.
The scientific CONSENSUS LINKINS CARBON Emissions to Climate-Related Disasters have strengthened in the 18 years the high court decided Massachusetts vs. EPAThos dangers are reflected in successive editions of the National Climate Assessment – a Comprehensive Report Trump has hinted He might try to influence,
EPA has also reaffirmed the endangerment finding in rulemakings Since 2009 – Something Goffman said could make it harder for the agency to now argue that warming isn Bollywood.
“The Litigation History is a weight Around One Ankle, and the Agency's Own Science and Own Vast Record is a weight Around the other ankle,” Goffman said.
Reprinted from E & e news With permission from Politico, LLC. Copyright 2025. E & E News Provides Essential News for Energy and Environment Professionals.
