Trump Administration to Rescind Legal Basis for Federal Greenhouse Gas Regulations
Key Facts
- The EPA plans to rescind the 2009 endangerment finding this week.
- The finding is the legal basis for regulating greenhouse gases under the Clean Air Act.
- Press Secretary Karoline Leavitt described the move as a historic deregulatory action.
- EPA Administrator Lee Zeldin argued the finding was used to "regulate out of existence" parts of the economy.
- The National Academies of Sciences reaffirmed the finding's scientific accuracy in September 2025.
- The 2007 Supreme Court case Massachusetts v. EPA ruled greenhouse gases are air pollutants.
The Trump administration is expected to revoke the 2009 "endangerment finding" this week, removing the primary legal justification for federal greenhouse gas regulations. White House press secretary Karoline Leavitt stated Tuesday that the move represents a significant deregulatory action intended to increase energy production and reduce costs. The Environmental Protection Agency (EPA) is finalizing a rule to rescind the Obama-era declaration, which established that carbon dioxide and other greenhouse gases threaten public health and welfare.
EPA Administrator Lee Zeldin has criticized the 2009 finding, stating it allowed previous administrations to impose regulations on vehicles and power plants that could "bankrupt the country." Zeldin argued that the finding was used to "regulate out of existence" segments of the economy. An EPA spokesperson confirmed the agency is finalizing the new rule but did not specify the exact date the finding would be revoked.
Legal experts and environmental groups anticipate immediate litigation following the official announcement. Critics of the move point to the 2007 Supreme Court decision in Massachusetts v. EPA, which defined greenhouse gases as air pollutants under the Clean Air Act. Furthermore, a September 2025 report by the National Academies of Sciences, Engineering, and Medicine concluded that the evidence of harm from human-caused greenhouse gases is "beyond scientific dispute" and has been reinforced by stronger evidence since 2009.
Historical Context
The 2009 endangerment finding serves as the legal foundation for Clean Air Act regulations targeting motor vehicles and stationary pollution sources. While the Supreme Court and the U.S. Court of Appeals have previously upheld the finding, the current administration argues that the policy has been used to disproportionately regulate segments of the U.S. economy and increase costs for Americans.
Perspective Analysis
Sources: Associated Press · Wall Street Journal · The Hill | Aggregators: Tech Policy Wire
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