The Endangerment Finding: A Cornerstone of US Climate Policy Under Threat
The future of climate regulation in the United States is facing a significant challenge, centering on the Environmental Protection Agency’s (EPA) "endangerment finding." This critical determination, established in 2009, states that greenhouse gases endanger public health and welfare, granting the EPA the authority to regulate them under the Clean Air Act. Now, this foundational pillar of US climate policy is potentially at risk, sparking concerns among environmental advocates and legal experts.
The endangerment finding emerged from a landmark 2007 Supreme Court ruling, which affirmed the EPA’s authority to regulate greenhouse gases as air pollutants under the Clean Air Act. This ruling was a watershed moment, paving the way for the EPA to address the growing threat of climate change. Building on this legal foundation, the EPA formally issued the endangerment finding in 2009, specifically identifying six key greenhouse gases, including carbon dioxide, as posing a threat to public health and welfare.
This finding has served as the bedrock for numerous EPA regulations aimed at curbing greenhouse gas emissions. For example, during the Obama and Biden administrations, the EPA utilized the endangerment finding to establish emission standards for vehicles, targeting tailpipe emissions, a significant source of pollution responsible for nearly 30% of US emissions linked to transportation. Furthermore, the endangerment finding has enabled the EPA to regulate emissions from various industrial sources, including coal-fired power plants and aircraft.
The importance of the endangerment finding extends beyond specific regulations. It provides a legal and scientific basis for a comprehensive approach to addressing climate change, allowing the EPA to adapt its regulatory strategies as new threats and opportunities emerge. However, this critical foundation is now facing a potential threat.
Recent reports suggest that a renewed effort to undermine the endangerment finding may be underway. While details remain uncertain, potential actions could have far-reaching consequences for US climate policy. Reports indicate that key figures in the Trump administration are considering strategies to challenge or even overturn the finding, a move long advocated by Republican circles. The conservative Heritage Foundation’s Project 2025, which outlines policy recommendations for a potential second Trump administration, explicitly proposes establishing a system to "update the 2009 endangerment finding."
Legal experts emphasize the difficulty of reversing or significantly altering the endangerment finding. Romany Webb, deputy director of the Sabin Center for Climate Change Law at Columbia University, notes that the finding is firmly rooted in Congressional law and has consistently been upheld by courts. She highlights the extensive scientific evidence demonstrating the contribution of greenhouse gas emissions to climate change and the resulting threats to public health and welfare. This body of evidence, she argues, poses a significant hurdle to any attempt to invalidate the finding.
Any attempt to reverse the endangerment finding is expected to face immediate legal challenges. Legal experts have suggested that challenges could reference legislation passed in 2022, specifically the Inflation Reduction Act. This landmark law, aimed at significantly reducing carbon emissions by 2030, contains provisions amending the Clean Air Act to explicitly define carbon dioxide and five other greenhouse gases as air pollutants. This explicit affirmation by Congress would add another layer of legal protection to the endangerment finding.
The endangerment finding has already withstood multiple legal challenges over the past 15 years. Industry groups and climate skeptics have consistently sought to overturn the finding, but these efforts have been unsuccessful. The courts have repeatedly affirmed the EPA’s authority to regulate greenhouse gases. Any new litigation challenging the finding would likely be heard by the DC Circuit Court of Appeals, a court with a history of upholding the EPA’s authority in this area.
The potential undoing of the endangerment finding raises profound concerns for environmental advocates and climate scientists. If the EPA is stripped of its authority to regulate greenhouse gases under the Clean Air Act, it would significantly weaken the US’s ability to meet its climate goals and protect its citizens from the impacts of climate change. This situation becomes even more alarming given the increasing intensity and frequency of climate-related disasters, such as heat waves, floods, wildfires, and hurricanes.
Furthermore, an attempt to undo the endangerment finding could clash with the growing public awareness and concern about climate change. Polls consistently show that a majority of Americans support government action to address climate change and reduce greenhouse gas emissions. Undoing the endangerment finding would be seen as a step backward and could face significant public backlash.
Despite the challenges, legal experts note that reversing the endangerment finding would not be a simple or straightforward process. It would require the EPA to demonstrate a significant change in scientific understanding or legal interpretation, which could prove difficult given the overwhelming scientific evidence supporting the finding.
The potential unravelling of the endangerment finding poses a serious threat to the future of US climate policy. It represents a potential shift away from evidence-based policymaking and toward a more politically driven approach to environmental regulation.
The stakes are high, and the outcome of this debate will have far-reaching consequences for the health and well-being of Americans and the planet.
