Trump Administration Moves to Repeal Key Climate Regulation

The Environmental Protection Agency (EPA) is preparing to propose significant changes that could undermine federal efforts to combat climate change. According to three sources familiar with the agency’s plans, the proposal aims to reverse the 2009 endangerment finding, a critical declaration stating that greenhouse gas emissions from fossil fuels pose a risk to human health. This proposal may be released as early as this week.

The endangerment finding has been the foundation for numerous federal regulations aimed at limiting greenhouse gas emissions from power plants, vehicles, and the oil and gas industry. Repealing this finding would effectively diminish the federal government’s primary mechanism for addressing climate change. In March, EPA Administrator Lee Zeldin announced the agency’s intention to reconsider this rule, part of a broader initiative to revise regulations deemed burdensome to the fossil fuel and transportation sectors.

The proposal to revise the endangerment finding has been championed by Project 2025, a project of the Heritage Foundation that seeks to overhaul various regulatory frameworks established under previous administrations. An EPA spokesperson noted that the proposal will be published for public comment once it has undergone interagency review and received the Administrator’s signature.

Environmental advocates have raised concerns about the lack of EPA representation during public meetings regarding the proposal. Only one staff member from the White House Office of Management and Budget attended these sessions, which David Doniger of the Natural Resources Defense Council and Shaun Goho from the Clean Air Task Force described as unprecedented. Goho stated, “There was only one participant on the government side, and there was nobody from EPA.”

The draft proposal, titled “Reconsideration of 2009 Endangerment Finding and Greenhouse Gas Vehicle Standards,” was submitted to the White House Office of Management and Budget on June 30, 2023. Sources indicate it is likely to also seek the repeal of regulations controlling greenhouse gas emissions from vehicles, which are tied to the endangerment finding. The Biden administration had previously aimed to tighten these standards to encourage the auto industry to produce more fuel-efficient and electric vehicles.

As the EPA continues to revise its proposal, it remains in draft form and may undergo changes before being officially announced. Doniger expressed concern that the administration intends to repeal climate-related vehicle standards by arguing that the foundational finding of danger was either improperly made or non-existent.

The EPA’s potential justification for this move appears to focus on legal arguments regarding the agency’s authority under the Clean Air Act. The draft reportedly contends that the Biden administration’s vehicle regulations could negatively impact public health by raising vehicle prices and limiting consumer choices. Richard Revesz, a former official in the Biden administration and a professor at New York University, criticized this rationale as misguided, stating, “Legally, it’s misguided and creates enormous harms to the American people.”

The internal discussions around the proposed rule have been led by political staff, including Jeffrey Clark, who heads the Office of Information and Regulatory Affairs. Clark has a controversial history, having been investigated for his role in efforts to overturn the 2020 presidential election. According to Doniger, Clark has long opposed EPA regulations concerning greenhouse gas emissions under the Clean Air Act.

Doniger further emphasized that the proposed rule disregards the pressing realities of climate change, which have led to extreme weather events and record global temperatures. He remarked, “For the administration to stand up and say, in effect, climate change isn’t happening or there’s nothing significant going on, so there’s no need for government standards, this is mind-bogglingly out of touch with reality.”

As the EPA prepares to release its proposal, the implications for climate policy and public health remain a concern for environmental advocates and the broader public.