The US Environmental Protection Agency (EPA) has rescinded its 2009 Greenhouse Gas (GHG) Endangerment Finding and all related government standards on GHG emissions for vehicles and engines for those built from 2012 onward.
The EPA said the decision follows a review of the legal foundation of the finding and the Clean Air Act, along with subsequent legal developments and court decisions.
The endangerment finding served as the basis of the US federal government’s legal authority to regulate emissions from vehicles and, by extension, nonstationary sources such as power plants and oil and gas facilities. The EPA considers the transportation sector to represent the largest share of total US GHG emissions, accounting for 28% of the total in 2022.
The finding was adopted by the EPA following a 2007 decision by the US Supreme Court that ruled that GHGs constituted air pollutants subject to regulation under the Clean Air Act, which became federal law in 1963.
EPA Administrator Lee Zeldin said in a statement on 12 February that the revocation represents “the single largest deregulatory action in US history on behalf of American taxpayers and consumers.”
The endangerment finding considered six GHGs to be a threat to public health—carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
“EPA firmly believes the 2009 Endangerment Finding made by the Obama Administration exceeded the agency’s authority to combat 'air pollution' that harms public health and welfare and that a policy decision of this magnitude, which carries sweeping economic and policy consequences, lies solely with Congress. Unlike our predecessors, the Trump EPA is committed to following the law exactly as it is written and as Congress intended—not as others might wish it to be,” the EPA said in its announcement.
The EPA added that, even with the elimination of GHG emissions from all vehicles, there would be little impact on global climate change indicators through 2100. The agency also said that, over the 16-year period the finding has been in place, many of the climate change predictions have not materialized. The aggregate cost of vehicle and engine regulations was placed at $1 trillion, which played a significant role in the rescission of the finding, the EPA said.
The EPA’s decision to rescind the finding does not directly address stationary sources of GHG emissions such as power plants or oil and gas facilities. However, it is anticipated that the legal basis for enforcing similar GHG regulations may be undermined by the rescission.
US-based environmental groups have objected to the decision and argue that rescinding the endangerment finding runs counter to climate science and will accelerate climate change.
Some industry groups have issued their support for the EPA, including the Independent Petroleum Association of America (IPAA).
“EPA properly concludes that the Clean Air Act does not provide it with the authority to regulate certain [GHG] emissions. America’s independent oil and natural gas explorers and producers need a federal regulatory regime that provides certainty and stability,” said Edith Naegele, IPAA president and CEO, in a statement.
The EPA’s move to rescind the endangerment finding is expected to make it more difficult for future administrations to reverse the decision. The action is also expected to be tested in US courts in the coming years and may eventually be ruled on by the US Supreme Court.
The EPA decision does not preclude US states from enforcing or enacting their own air pollution and climate-focused laws aimed at regulating GHG emissions.