Trump Admin Advances Climate Reg Overhaul

Environmental Protection AgencyFederal Agency/Executive BranchFederal RegulationOffice of Management and Budget (OMB)OpinionsPolicyWhite House
July 02, 2025
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by Sean Reilly (Politico Pro Climatewire)  The move opens the door to revise a suite of rules clamping down on heat-trapping emissions, especially from the industrial and transportation sectors.  --  EPA has taken its first public step toward revisiting the landmark 2009 determination that underpins most of the agency's climate regulations.

The move marks an introductory and pivotal step for the Trump administration to rewrite the foundation of a suite of rules that aim to clamp down on heat-trapping emissions, especially from the industrial and transportation sectors.

EPA on Monday sent the proposed rule, titled “Greenhouse Gas Endangerment Finding and Motor Vehicle Reconsideration,” to the White House regulations office for a routine review, according to a notice posted on a government tracking website.

While the proposal’s contents were not made public, EPA Administrator Lee Zeldin had targeted the endangerment finding in a list of planned regulatory rollbacks released in March.

At a congressional hearing in May, he suggested that the original Obama-era finding was flawed because it failed to consider the harm done by each of the half-dozen greenhouse gases deemed dangerous because they contribute to global climate change.  READ MORE

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Excerpt from Aiken Gump: EPA faces scientific and legal barriers to challenging the endangerment finding.

First, scientific data on the impacts of GHGs on climate change has only increased since the original 2009 finding. Scientists can more readily link impacts attributable to anthropogenic climate change and the relative contributions of different sources for those impacts, undermining arguments that emissions reductions in one jurisdiction will not meaningfully “contribute” to addressing global climate change.9 

Second, any decision against the findings would be immediately challenged in court. The findings have been upheld against various legal challenges over the years, with the Supreme Court declining to hear challenges to it as recently as December 11, 2023.10 

Nevertheless, recent landmark decisions in the Supreme Court have demonstrated a willingness to deviate from precedent in matters of environmental regulations and otherwise. If challenged, these potential legal proceedings will present opportunities for engagement for environmental and industry groups to file amicus briefs or join likely challenges from Democratic states. READ MORE

 

Excerpt from Policy Integrity: EPA made the 2009 Endangerment Finding following the Supreme Court’s determinations that greenhouse gases are “air pollutants” under the Clean Air Act. The Supreme Court further clarified that “[i]f EPA makes a finding of endangerment, the Clean Air Act requires the agency to regulate emissions of the deleterious pollutant from new motor vehicles.” Consistent with this obligation, after making the 2009 Endangerment Finding, EPA then proceeded to issue regulations to limit greenhouse gas emissions from vehicles, and later from power plants, landfills, aircraft, and the oil and gas sector. Many of EPA’s greenhouse gas regulations, alongside the 2009 Endangerment Finding itself, are now in the crosshairs of EPA’s reconsideration.

EPA’s March 2025 press release emphasized that when EPA made the Endangerment Finding in 2009, the agency did not consider the costs of future regulations that would limit emissions. That’s true—but it is not evidence that regulatory costs went unconsidered. To the contrary, EPA considered regulatory costs when the relevant statutory provisions indicated they should be considered: at the time it issued the various regulations limiting greenhouse gas emissions from particular sectors. As explained in this issue brief, this approach is required by the law and best practice.

The Clean Air Act requires EPA to assess regulatory costs when setting emission standards, not when making an endangerment finding that underlies the regulations. Under the Clean Air Act, EPA first makes a scientific judgment regarding whether certain emissions “endanger public health or welfare” (a.k.a., an endangerment finding). For emissions meeting that criterion, EPA then separately issues emission standards. The courts have made clear that cost is considered only at the stage of issuing specific standards to limit emissions. The plain text of the Clean Air Act compels this approach, and Supreme Court case law further affirms this understanding of the text and appropriate practice.   READ MORE

 

Excerpt from Politico Pro: The EPA’s proposal to reconsider its 16-year-old bedrock finding on the dangers of greenhouse gases is now in the White House’s hands — a move that sets the stage for a broad attack on a wide range of federal climate regulations.

Details on the proposal are still unclear, but it is expected to significantly weaken — if not revoke outright — the agency’s 2009 declaration that greenhouse gases endanger human health. That in turn would free EPA from the legal obligation to regulate climate pollution from most sources, including power plants, cars and trucks, and virtually any other source.

The EPA submitted its proposal (Reg. 2060-AW71) to the White House Office of Information and Regulatory Affairs for review on Monday, according to the agency’s website.

The rule is styled as "Greenhouse Gas Endangerment Finding and Motor Vehicle Reconsideration Rule" — indicating it may revoke the agency's tailpipe emissions standards for vehicles at the same time it undoes the endangerment finding. That would free automakers from having to comply with Biden-era rules that Republicans have argued amounted to a de facto electric vehicle mandate. Restoring auto industry jobs through deregulation is a main pillar of Administrator Lee Zeldin's EPA agenda .  READ MORE

 

Excerpt from Inside EPA:  EPA has sent to the White House for final review a proposed rule walking back the landmark GHG endangerment finding and vehicle emissions standards -- confirming expectations that the agency would combine its endangerment finding reconsideration with a vehicle rule repeal even as the regulation’s exact scope remains unclear. The Office of Management and Budget (OMB) received the proposal, titled “Greenhouse Gas Endangerment Finding and Motor Vehicle Reconsideration Rule,” on June 30. EPA’s planned rollback of the greenhouse gas endangerment...  READ MORE

 

Excerpt from Politico Pro E&E Daily: (Aaron) Szabo’s elevation to head the Office of Air and Radiation formally positions him to play a lead role in a host of Clean Air Act rollbacks already planned by Administrator Lee Zeldin.

The White House regulations office, for example, is reviewing an EPA proposal to revisit the landmark 2009 endangerment finding that undergirds the agency’s work to regulate greenhouse gases.

At a March hearing before the Senate Environment and Public Works Committee, Szabo acknowledged the impacts of climate change, but would not commit to doing anything to rein in heat-trapping pollution. READ MORE

 

Excerpt from New York Times: The Trump administration has drafted a plan to repeal a fundamental scientific finding that gives the United States government its authority to regulate greenhouse-gas emissions and fight climate change, according to two people familiar with the plan.

...

The E.P.A. proposal, which is expected to be made public within days, also calls for rescinding limits on tailpipe emissions that were designed to encourage automakers to build and sell more electric vehicles. Those regulations, which were based on the endangerment finding, were a fundamental part of the Biden administration’s efforts to move the country away from gasoline-powered vehicles. The transportation sector is the largest source of greenhouse gas emissions in the United States.

The E.P.A. intends to argue that imposing climate regulations on automakers poses the real harm to human health because it would lead to higher prices and reduced consumer choice, according to the two people familiar with the administration’s plan. They asked to remain anonymous because they weren’t authorized to discuss the draft proposal.

The draft proposal could still undergo changes. But if it is approved by the White House and formally released, the public would have an opportunity to weigh in before it is made final, likely later this year.

Molly Vaseliou, a spokeswoman for the E.P.A., did not confirm the details of the plan. In a statement she said the E.P.A. sent the draft proposal to the White House on June 30, and that it “will be published for public notice and comment once it has completed interagency review and been signed by the Administrator.”

If the Trump administration is able to repeal the endangerment finding, it would not only erase all current limits on greenhouse gas pollution from cars, factories, power plants and other sources. It would prevent future administrations from trying to tackle climate change, with lasting implications.

...

In calling to repeal the endangerment finding, the draft E.P.A. rule does not appear to focus on the science or try to make the case that fossil fuels aren’t warming the planet.

Instead, it argues that the E.P.A. overstepped its legal authority under the Clean Air Act by making a broad finding that greenhouse gas emissions endanger the public welfare. It makes the case that the E.P.A. administrator has limited power that apply only to specific circumstances.

Joseph Goffman, who led the air office at the E.P.A. under the Biden administration, said the rule would all but certainly face legal challenges if it is finalized.

He said the Trump administration’s proposed rule conflicts with the 2007 Supreme Court ruling in Massachusetts v. E.P.A., a landmark case that found for the first time that greenhouse gases were a pollutant under the Clean Air Act. That led the E.P.A. to make the finding in 2009 that said that six greenhouse gases were harming public health.

In more than 200 pages, the E.P.A. at that time outlined the science and detailed how increasingly severe heat waves, storms and droughts were expected to contribute to higher rates of death and disease.  READ MORE

 

Excerpt from Reuters:  

  • Proposal will be published for public notice, White House says
  • Source: Finding to focus on EPA's legal authority, not science
  • International Court calls emissions an 'existential threat'

The U.S. Environmental Protection Agency plans to reverse its scientific determination that greenhouse gas emissions endanger public health, removing the legal foundation that underpins all major climate regulations, two sources familiar with the discussions told Reuters.

Reversal of the "endangerment finding" would gut one of the most consequential federal standards that had enabled the U.S. to tackle climate change by regulating vehicles, industries, and energy-producing facilities that emit heat-trapping greenhouse gases. Without the finding, the EPA could more easily undo major regulations limiting greenhouse gas emissions, the sources said.

An EPA spokesperson said the agency sent its proposal for reconsidering the endangerment finding to the White House Office of Management and Budget for review on June 30 and it is being reviewed by other federal agencies.

"The proposal will be published for public notice and comment once it has completed interagency review and been signed by the Administrator,” an EPA spokesperson said in an email.

The Washington Post first reported on the decision.

The International Court of Justice on Wednesday issued a landmark advisory opinion saying greenhouse gas emissions pose an "existential threat" to the world and countries must cooperate on concrete emission reduction targets.

One source said the proposal would focus on EPA's legal authority to regulate greenhouse gas emissions, not the scientific basis for it. Lawyers have said that challenging the scientific basis of the finding would be difficult because the body of evidence that humans are causing climate change is “unequivocal.”

"It would be a shocking dereliction of a clear statutory duty to protect the public and an indefensible denial of overwhelming science. Also a national embarrassment," said Sean Donahue, a lawyer with Donahue, Goldberg & Herzog, who has represented environmental groups in cases before the Supreme Court.

The U.S. is the largest historical greenhouse gas emitter and currently the No. 2 emitter after China.

The U.S. Supreme Court, in its landmark Massachusetts vs. EPA case in 2007, said the EPA has authority under the Clean Air Act to regulate greenhouse gas emissions and required the agency to make a scientific finding on whether they endanger public health.

In 2009, the EPA under former President Barack Obama issued a finding that emissions from new motor vehicles contribute to pollution and endanger public health and welfare. It was upheld in several legal challenges and underpinned subsequent greenhouse gas regulations.

The EPA declined to take action on the endangerment finding during President Donald Trump's first term as industry raised concerns. The current Trump administration set its sights early on the endangerment finding.

In January, EPA Administrator Lee Zeldin told his confirmation hearing the agency has authority but not an obligation to regulate greenhouse gas emissions. In March, the EPA launched a review of the finding, obeying a day-one executive order by Trump.

White House budget director Ross Vought said the review was "long overdue" because the finding had led to regulations that he said harmed the economy.

Zeldin announced over two-dozen de-regulatory actions aimed at "driving a dagger straight into the heart of the climate change religion."  READ MORE

 

Excerpt from Politico: Instead of challenging the science, which would require EPA to assemble a body of evidence rejecting the overwhelming consensus that humans are driving climate change primarily through the burning of fossil fuels, the Trump administration would lean into an argument that a key 2007 Supreme Court ruling allowed but did not require the agency to regulate greenhouse gases, according to the three people who were granted anonymity to discuss a draft regulation not yet made public.

...

The Justice Department has also helped shape the draft, which relies on a legal rather than scientific rationale to topple the endangerment finding, according to the two people as well as another individual granted anonymity to discuss the draft rule.

...

Going the legal route to end the endangerment finding will come amid fresh headwinds. The United Nations International Court of Justice on Wednesday ruled that climate change poses an “urgent and existential threat” — a non-binding opinion that will likely factor into court cases around the world. The court said countries must cooperate to keep temperatures from rising 1.5 degrees above preindustrial levels, adding that failing to do so could violate international law. The court also said that leaving the 2015 Paris climate agreement, which Trump has said the U.S. will exit, does not excuse countries from their obligations to curb warming.

But Trump officials appear prepared to take the fight to the courts. Framing their case as a legal rather than scientific matter represents a departure from the strategy it once mulled under then-EPA Administrator Scott Pruitt during Trump’s first term, which consisted of challenging the comprehensive, Obama-era scientific analysis that determined six greenhouse gases posed human health and safety risks necessitating regulations.

...

U.S. climate rules flow from the 2007 Supreme Court decision in Massachusetts v. EPA, which found that the agency has authority under the Clean Air Act to regulate greenhouse gases. The high court ruled that EPA can avoid regulating greenhouse gases only if it can prove they do not contribute to climate change or if it can come up with “some reasonable explanation” why it won’t issue an endangerment finding.

“To the extent that this constrains agency discretion to pursue other priorities of the Administrator or the President, this is the congressional design,” the court added, a caveat that will make it harder for EPA to simply argue that the Trump administration has declared an “energy emergency” or adopted a fossil fuel-friendly policy position.

Chief Justice John Roberts wrote the dissent in that 2007 case. He argued that material loss from rising temperatures was “pure conjecture” and cast doubt on EPA’s ability to blunt the damaging effects of climate change given “the complexities of global warming.” The Supreme Court has since shifted to a 6-3 conservative supermajority, with Trump appointing three of its members during his first term.

...

Jeffrey Clark, who ran the Justice Department’s environmental division in Trump’s first term, has led the administration’s endangerment finding proposal through his new perch at OMB. Vought previously hired Clark to work at Vought’s Center for Renewing America, where the two workshopped policy ideas during the Biden administration.

Clark is personally connected to the effort to unwind the endangerment finding. He successfully argued the Massachusetts v. EPA case in the D.C. Circuit Court of Appeals as a DOJ appointee for former President George W. Bush. But he left the government before the case landed in the Supreme Court.

...

One of the people familiar with the Trump administration’s upcoming proposal said that in addition to EPA, OMB and DOJ, White House deputy chief of staff Stephen Miller’s team has also played into the strategy, as have the White House counsel’s office and the Energy Department.

OMB and DOJ, however, have taken a prominent role, the people familiar said. Public records, meanwhile, showed that EPA has been absent from meetings with OMB’s Office of Information and Regulatory Affairs to discuss the upcoming rule with interested parties like industry and environmental groups.

Environmental groups were quick to criticize the Trump administration’s planned move.  READ MORE

 

Excerpt from E&E News Greenwire: The proposal is expected to focus more on legal arguments about the original Obama-era finding than on the science of climate change.

Two people said EPA Administrator Lee Zeldin would make the announcement while visiting an Indiana facility with links to the truck manufacturing supply chain. The transportation sector is the largest source of planet-heating gases in the U.S.

If the courts uphold Trump’s move to repeal the endangerment finding, it could be easier for EPA to quickly undo a host of Biden-era climate rules for power plants and oil and gas methane without replacing them with new standards.  READ MORE

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White House Regulations-Federal Office of Management and Budget (OMB) GHG (Greenhouse Gas Emissions) executive order EPA (Environmental Protection Agency) environmental policy energy policy economic policy Corporate Average Fuel Economy (CAFE) standards Clean Air Act (CAA) Carbon Dioxide (CO2) Air Pollution Policy
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Federal Highway Administration (FHWA) federal land Federal Railroad Administration Federal Reserve Bank Federal Trade Commission (FTC) Federal Transit Administration (FTA) feed Feed In Tariffs (FIT) feed prices Feedstock Flexibility Program for Bioenergy Producers feedstock logistics feedstock material feedstock prices feedstock storage feedstock terminal feedstock transportation Feedstocks fermentation ferry fertilizer fiber Fiji Financing Finland Fischer-Tropsch Synthetic Kerosene with Aromatics (FT-SKA) Fischer-Tropsch Synthetic Paraffinic Kerosene (FT-SPK) Fischer-Tropsch Synthetic Paraffinic Kerosene with Aromatics (FT-SPK/A) Fischer-Tropsch/FT fish feed fish oil fish waste fit for purpose Fixed Base Operator (FBO) flameleaf sumac flavors flax fleet turnover Fleets fleshings flex-fuel vehicles (FFV) flight tests Flightpath flixweed/tansy/herb-Sophia flood-prone soil Florida flue gas FOG (Fats/Oils/Grease) follow-the-crop food Food and Agriculture Organisation (FAO) Food and Drug Administration (FDA) food and fuel food policy food prices food processing waste food safety food security food vs biomaterials/bioplastics food vs fuel food waste for forage forage sorghum forecasts foreign oil Foreign Policy forest Forest Biomass for Energy forest biotechnology forest residue/waste Forest resources Forest Service forestry forklifts Formate formic acid fossil carbon fossil fuel Frace fracking fractionation fragrance France franchise fraud free fatty acids (FFA) Freedom of Information Act (FOIA) freight/cargo French French Guiana fructose fruit FT-SKA fuel fuel additives fuel cell electric vehicle (FCEV) fuel cells fuel economy fuel efficiency fuel injection fuel mixtures fuel molecules fuel oil fuel performance fuel prices Fuel Quality Directive (FQD) fuel registration Fuel Retailers fuel testing fuel transportation fuel use fuel wholesaler fully burdened cost fund funding fungus/fungi Furanics furfural fusel oils Future Farmers of America (FFA) Gabon gallium Gambia games gas prices gas tax/highway user fee gas-to-liquid (GTL) gasification gasoline gasoline baseline gasoline consumption gasoline mandate gasoline markets gasoline price gasoline-range hydrocarbons Gemany General Services Administration general waiver authority generators genetically engineered yeast cells genetically enhanced microbes genetically modified organism (GMO) genome Georgia Georgia (country) geothermal German Germany Gerrmany Ghana GHG (Greenhouse Gas Emissions) GHG (Greenhouse Gas Emissions) Intensity giant cane giant kelp Giant King Grass Giant Reed/Arundo GIS glass tubing gliricidia sepium global rebound effect Global South global warming global warming potential glucose glycerin glycerin standards glycerol goats gorse Governance practices) Government Accountability Office (GAO) government investment government resources government subsidies grain sorghum/milo grain speculators grains GRAND-AM grants grants-local grants-state grapefruit grapes graphene graphite GRAS (generally regarded as safe) Grasses grasshoppers grease Great Green Fleet Great Lakes Greece green bonds green chemistry Green Deal EU green economy green house facility Green Jobs Green New Deal Green Racing Green Recovery green/black economy Greenland GREET Greenhouse Gases Regulated Emissions and Energy Use in Transportation Model Grenada gribble growers gua beans Guam guar Guatemala Guava Seed guayule Guerbet reaction Guinea Guinea Bissau Gulf states gulmohar Gumweed (grindelia squarosa) Guyana GWP gypsum h Haiti Halophytes harvest site processing harvesting Hawai'i hay hazardous waste hazelnut HBIIP Higher Blends Infrastructure Incentive Program HDCJ HDO-SAK (hydro deoxygenated synthetic aromatic kerosene) health health benefits health effects heat of combustion heat of vaporization heat-tolerance heather heating oil/fuel Heavy Duty Truck Rule heavy duty vehicles (HDV) hedging HEFA (Hydro-processed esters and fatty acids) HEFA50 helicopters hemicellulace enzymes hemicellulose hemicellulosic sugars Hemp hemp oil hemp seed herb hexanol HFO (Heavy Residual Fuel Oil) hibiscus high blend renewable fuels (HBRF) High Hydrogen Content Synthetic Paraffinic Kerosene (HHC-SPK) High Octane Fuel (HOF) High Octane Fuel Standard High Octane Gasoline (HOG) high octane low carbon (HOLC) fuel High Octane Vehicles (HOV) high performance regular high school project high sulphur fuel oil (HSFO) high-octane/low-carbon (HOLC) liquid fuels Highway Bill highway rights-of-way Highway Trust Fund history hog farmers hombayniya homogeneous-charge compression-ignition Honduras honey locust Hong Kong Honge tree nuts hops horticulture Housing and Urban Development (HUD) HPF (High Performance Fuels) HRJ (Hydrotreated Renewable Jet) human rights Hungary Hurricane Sandy HVO (Hydrotreated vegetable oil) HVO100 HVO20 HVO30 Hybrid aircraft hybrid buses hybrid locomotive hybrid ships hybrids hydrocarbon fuels Hydrocarbon-Hydroprocesed Esters and Fatty Acids (HC-HEFA-SPK) hydrodeoxygenation hydrodiesel hydrofaction hydroformylation hydrogen aircraft hydrogen carrier hydrogen combustion engines hydrogen fuel cells hydrogen internal combustion engines hydrogen leaks hydrogen pipeline hydrogen pumps/fueling stations hydrogen tax credit hydrogen terminal Hydrogen/Renewable Hydrogen Hydrogen/Renewable Hydrogen Price hydrogenase hydrogenation hydrogenation-derived renewable diesel (HDRD) hydrogenolysis hydropower Hydroprocessed fermented sugars to synthetic isoparaffins (HFS-SIP) hydroprocessing hydropyrolysis hydrothermal carbonization hydrothermal gasification hydrothermal liquefaction (HTL) hydrothermal treatment Hydrotreated renewable diesel (HRD) hydrotreating hydrotreatment hydrous ethanol hypoxia zone Iceland Idaho Illinois Illiois illuppai ILUC (Indirect/Induced Land Use Change) import/export incinerator ash India Indian beech tree Indian grass Indiana indirect effects indirect emissions indirect fuel use change indium Indonesia industrial burners industrial ethanol 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Climate Change Iran Iraq Ireland iridium iron iron oxide IRS (Internal Revenue Service) IS 1460 ISO 8217 (marine distillate fuel standard) ISO 9000 isobutanol isobutanol price isobutanol pump price isobutene isobutylene isomerisation isooctane isooctene isopropanol Israel Italy Ivory Coast JAA jackfruit Jamaica jamelão Japan jatobá Jatropha Jersey Jerusalem artichoke jet jet A Jet A-1 jet B Jetfuel (Sustainable Aviation Fuel (SAF)) Jimmy Carter Jobs Joint Office of Energy and Transportation jojoba Jordan JP-10 JP-4 JP-5/NATO F-44 JP-8/NATO F-34 juniper Just A MInute Just Transition jute K-12 Education Kabakanjagala kalanchoe kamani Kans grass Kansas Karanja Kazakhstan kelp Kemiri Sunan kenaf Kentucky Kenya kerosene ketones kinggrass Kiribati knotweed Knowledge Discovery Framework Korea Kosovo kudzu kukui nut kulpa kusum Kuwait Kygryzstan labels labor policy Labrador lactic acid lactose Lake County lamp oil land ownership land prices land rights land subsidence land tenure land transfer land use land use change land use policy landfill methane Landfills landscape Laos Latin America Latvia LCFS (Low Carbon Fuel Standard) lead Leadtree leaf ant Lebanon lecithin legislation Legislation-Federal Legislation-State lemna lend-lease Lesotho lesquerella leucaena levulinic acid Liberia Libya licensing lichens life cycle analysis (LCA) light rail lignin Lignin Ethanol Oil (LEO) Lignocellulosic Biofuel lignocellulosic sugars lime Lipid liquefaction liquid liquid petroleum gas (LPG) liquid transportation fuels liquidation Liquified Biogas (LBG) Liquified Biogas (LBG) pumps liquified biomethane (LBM) Liquified Natural Gas (LNG) lithium Lithuania litigation Litigation-Federal Litigation-State livestock loan guarantees loans lobbying loblolly pine locomotives lodgepole pine logistics long-term contracts Louis Louisiana low c low carbon emissions low carbon octane standard (LCOS) Low Emission Vehicle Standards (LEV) low sulfur diesel low sulfur fuel low sulfur marine fuel LSMGO (Low 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