Trump Repeals Landmark Legal Policy Underpinning Key Climate Rules

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February 12, 2026

by Jake Spring, Ambrosia Wojahn and Brady Dennis (Washington Post) Nearly 17 years after the Environmental Protection Agency declared that carbon dioxide and other greenhouse gases threaten the public’s health and welfare, the agency on Thursday rescinded the landmark legal opinion underpinning a wave of federal policies aimed at climate change.

The agency issued its “endangerment finding” in 2009, concluding that the government had a sound legal basis to regulate greenhouse gases under the Clean Air Act. In scrapping the policy this week, the EPA will seek to erase limits on emissions from cars, power plants and other industries that release the vast majority of the nation’s planet-warming pollution.

At an event at the White House on Thursday afternoon, alongside EPA Administrator Lee Zeldin, President Donald Trump called the decision “the single largest deregulatory action in American history.” He added, “And I think we can add the words, ‘by far.’”

The announcement represents more than just the latest in a litany of President Donald Trump’s rollback of climate and environmental safeguards. Rather, it marks the culmination of years of effort by conservative and industry groups to undermine the cornerstone of federal rules that limit greenhouse gases — and to hamper future administrations from putting them back in place after Trump.

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The agency (EPA) later asserted that the science supporting the endangerment finding was “robust, voluminous, and compelling.”

As recently as late 2023, the Supreme Court declined to hear a case from two groups challenging the endangerment finding, after the litigation also had been dismissed in a lower federal court, which called the plaintiffs’ arguments “flawed” and “without merit.”

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Conservatives and industry groups have praised the move, particularly the elimination of restrictions on motor vehicle emissions, saying it will allow automakers to produce cars that consumers want to buy rather than dictating that Americans purchase an increasing number of electric vehicles.

Jeff Holmstead, a partner at the law and lobbying firm Bracewell, and who served as head of EPA’s air office under President George W. Bush, said that for now, the only legal impact will be to immediately eliminate greenhouse gas standards on the nation’s cars and trucks.

But, he added, “If the legal reasoning that they proposed to rely on for revoking the endangerment finding is upheld in court, no future EPA will be able to regulate CO2 emissions.” 

Environmental groups vowed that the judicial system is exactly where the latest Trump action will soon head.

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The EPA issued its endangerment finding after the Supreme Court ruled in a 2007 case known as Massachusetts v. EPA that the agency had the authority to regulate carbon dioxide, methane and other climate pollutants under the Clean Air Act.

But the conservative shift on the Supreme Court since then could bolster the administration’s chances of a favorable ruling if the issue comes before it again. In 2022, for instance, the court struck down Obama-era regulations of power-plant emissions.

When the EPA proposed repealing the endangerment finding last year, the agency cited a report produced by the Energy Department questioning the global scientific consensus on climate change. Scientists said that report was riddled with errors and misleading information, while environmental groups successfully sued, with a U.S. district court ruling that the secretive way in which the Energy Department assembled climate skeptics to write the report violated federal law.

White House officials had delayed finalizing the endangerment repeal over fears that the science and economic analysis used to justify the change were not strong enough to hold up in court, people familiar with the discussions told The Washington Post in January before the ruling.

Zeldin and allied conservatives have largely avoided engaging with the science behind the opinion, focusing instead on narrower legal and economic arguments, including that Congress intended the Clean Air Act to regulate toxic air pollution and did not envision regulating greenhouse gases.

“When Congress wants the executive branch to regulate greenhouse gases, it should pass clear legislation to do just that,” said Tom Pyle, president of American Energy Alliance, a conservative advocacy group.     READ MORE

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Excerpt from CNBC:  The Sierra Club, the largest environmental group in the U.S., said Trump has formalized “climate denialism as official government policy.”

It warned that eliminating greenhouse gas standards not only imperils the public, but will expose industries to a flood of litigation. The Supreme Court ruled in a unanimous decision in 2011 that companies cannot be sued under federal common law over greenhouse emissions because regulation of these emissions had been delegated to the EPA.   READ MORE

 

Excerpt from Associated Press: The EPA also said it will propose a two-year delay to a Biden-era rule restricting greenhouse gas emissions by cars and light trucks.

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Zeldin and Transportation Secretary Sean Duffy have moved to drastically scale back limits on tailpipe emissions from cars and trucks. Rules imposed under Democratic President Joe Biden were intended to encourage U.S. automakers to build and sell more electric vehicles. The transportation sector is the largest source of greenhouse gas emissions in the U.S.

The Trump administration announced a proposal in December to weaken vehicle mileage rules for the auto industry, loosening regulatory pressure on automakers to control pollution from gasoline-powered cars and trucks. The EPA said its two-year delay to a Biden-era rule on greenhouse gas emissions by cars and light trucks will give the agency time to develop a plan that better reflects the reality of slower EV sales, while promoting consumer choice and lowering prices.

The mileage plan would significantly reduce requirements that set rules on how far new vehicles need to travel on a gallon of gasoline.   READ MORE

 

Excerpt from USA Today: The EPA "would lack statutory authority to regulate emissions based on global climate change concerns" under the Clean Air Act, the EPA wrote in a proposal submitted in August 2025 to rescind the finding.

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"No longer will automakers be pressured to shift their fleets toward electric vehicles ‒ vehicles that are still sitting unsold on dealer lots all across American," Zeldin said.

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The action can’t be reconciled with EPA's requirements under the law or science, environmental groups that oppose the action have argued. Some organizations have threated to sue the Trump administration.

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Does the move undermine science?

Climate advocacy groups pointed to statistics and studies that have concluded rising greenhouse gas emissions are driving more weather extremes, fueling more intense rainfall and more severe droughts.

The decision will bury “decades of research” and strip the agency’s ability to protect the nation from dangerous pollution, according to Climate Power, an advocacy group focused in part on holding fossil fuel interests accountable for the role they play in environmental policy.  READ MORE

 

Excerpt from Barron's: Companies and investors have been bracing for the Trump administration’s rescission since the EPA first proposed it last July, but the move could still have major implications for car makers.

Spurred by environmental regulations, many companies launched electric-vehicle product lines and collected EV tax credits over the past several years. Scrapping those greenhouse gas regulations would mean near-term losses for companies heavily invested in EVs.

In a January regulatory filing, General Motors estimated that $1.1 billion of its total $1.4 billion in acquired credits would be subject to impairment if the EPA removes greenhouse gas rules.

On the other hand, the move could mean a renewed focus on less energy-efficient but more profitable business lines. That is especially true for GM, Ford Motor, and Stellantis North America, which are major sellers of trucks and SUVs, said Morningstar analyst David Whiston.

“If you have less government regulation in selling less fuel-efficient, bigger vehicles, that means you have more freedom to market and sell those vehicles without having to also then run as large of a money-losing EV business,” Whiston told Barron’s.

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The impact may be more straightforward for pure-play EV companies. Tesla has long collected emissions credits from its EVs and then sold them on the secondary market, creating a high-margin business stream. Automotive regulatory credits—some of which are not greenhouse-gas credits—contributed about $2 billion to Tesla’s ...  $94.8 billion in revenue in 2025.

Perhaps the bigger challenge for auto makers, whether they are selling EVs or gas-guzzlers, is that no environmental regulation ever seems to last very long in Washington.

“There’s potential for a lot of see-sawing in Washington on environmental policy in respect to the auto industry,” Whiston said. “It’s likely a Democrat will take over as president at some point, and it’s unlikely they would keep the current Trump environmental policies in place.” READ MORE

 

Excerpt from NBC News:  Trump and EPA Administrator Lee Zeldin also announced Thursday that the agency is removing all greenhouse gas emissions standards for vehicles.

"We are repealing the ridiculous endangerment finding and terminating all additional green emissions standards imposed unnecessarily on vehicle models and engines between 2012 and 2027 and beyond," Trump said.

The EPA will still regulate pollutants in tailpipe emissions that hamper air quality, such as carbon monoxide, lead and ozone.

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Following Trump's announcement Thursday, several other organizations announced their intention to sue, including the American Lung Association, American Public Health Association, Alliance of Nurses for Healthy Environments and Physicians for Social Responsibility.

“As organizations committed to protecting public health, we will challenge this unlawful repeal," they said in a statement.

The coming legal battles will almost assuredly take years to resolve, with the administration’s justifications for its repeal up against ample scientific evidence of climate change’s harms in court.

In its draft of the rule repealing the endangerment finding, the EPA argued that it had overstated the risks of heat waves, projected more global warming than had taken place and discounted benefits of increases in carbon emissions, like increased plant growth. Independent science organizations have dismissed many of those arguments and pushed back against a controversial Energy Department report that the EPA cited in its proposal.

“The climate is changing faster than ever before, driven by human activities, and the resulting impacts on people and the world we depend on are becoming ever more dire,” the American Geophysical Union said in a statement about the Energy Department report.

“The changing climate is directly causing or exacerbating global average temperature increases and heat waves, sea level rise and storm surge, and ocean acidification, and is causing extreme weather events such as hurricanes, floods, wildfires, and drought to occur with greater frequency, intensity, or both.”

The administration has said it is reconsidering other policies that hinge on the endangerment finding, including regulations on methane, a potent greenhouse gas.

Interior Secretary Doug Burgum said Wednesday on Fox Business that repealing the finding would boost the coal industry.

“CO₂ [carbon dioxide] was never a pollutant,” he said. “The whole endangerment thing opens up the opportunity for the revival of clean, beautiful American coal.”  READ MORE

 

Excerpt from Carbon 180Specifically, the determination that greenhouse gas emissions endanger public health and welfare, first issued by the U.S. Environmental Protection Agency in 2009 and upheld repeatedly by the courts, has been formally withdrawn by the same agency that first issued it. This move is expected to face legal challenges given its long-standing judicial history and deeply researched scientific precedent. 

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In practice, this meant emissions standards could be set, enforced, and defended in court. Climate action was treated as a systemic obligation – not a voluntary ambition or political preference. That legal backbone shaped everything from power sector rules to vehicle standards, and it created a coherent framework in which emissions reductions were expected, residual emissions were defined, and climate responsibility had a level of enforceable meaning.

The Endangerment Finding and subsequent litigation established that greenhouse gases fell under EPA’s mandate, and that the risk was severe enough to make it the federal government’s legal duty to mitigate. Without it, remaining authorities are narrower, more fragmented, and far easier to challenge.

Why this is crucial for carbon removal

Carbon removal is only credible when it operates inside a world where emissions are constrained. Its purpose is to address what remains after deep reductions – not to compensate for the absence of regulation.

The Endangerment Finding helped establish that logic. It situated carbon removal as a backstop within a regulated system, rather than a substitute for it.

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Compliance-driven demand becomes less certain and less durable.

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Repealing the Endangerment Finding does not eliminate carbon removal from the climate conversation. Instead, it pushes it into a more fragmented and unstable policy landscape.

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After all, climate change did not become less dangerous today. But the legal framework that treated it as a public risk did.  READ MORE

 

Excerpt from Reuters:  Legal experts said the policy reversal could lead to a surge in lawsuits known as "public nuisance" actions, a pathway that had been blocked following a 2011 Supreme Court ruling that regulation of greenhouse gas emissions should be left in the hands of the Environmental Protection Agency instead of the courts.

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Now that the EPA is abandoning that regulatory effort, the legal shield created by the 2011 decision will likely unravel, legal experts said.

"This may be another classic case where overreach by the Trump administration comes back to bite it," said Robert Percival, a University of Maryland environmental law professor.

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Power companies have generally favored President Donald Trump's deregulatory agenda, but have expressed concern about the repeal of the endangerment finding triggering a wave of lawsuits.

The Edison Electric Institute, which represents publicly traded electric utilities, said in September that rescinding the endangerment finding comes with the "potential for increased litigation alleging common-law claims, regardless of the merits of those suits."

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'NEW FRONT' OPENING

U.S. courts have long recognized a legal theory known as "public nuisance," which prohibits activities that unreasonably interfere with the health and safety of a community.

Public nuisance lawsuits are typically brought by state and local governments, and seek to make the party responsible for the nuisance pay to abate, or fix, the condition.

The cases are hard to win, in part because of difficulties in proving direct causation between a specific defendant's emissions and particular climate harms. But legal experts have said they are one potential tool for environmental activists to hold greenhouse gas emitters liable for climate harms.

In a 2004 lawsuit, California and five other states alleged that big power companies had created a public nuisance by contributing to climate change. The defendants included American Electric Power (AEP.O), opens new tab and Xcel Energy (XEL.O), opens new tab .

The case eventually ended up before the U.S. Supreme Court, which ruled against the six states in a unanimous 2011 decision.

Writing for the court, Justice Ruth Bader Ginsburg said regulating greenhouse gases should be left to EPA under the Clean Air Act. That law and subsequent EPA actions like the endangerment finding, Ginsburg wrote, "displace the claims the plaintiffs seek to pursue."

That 2011 decision allowed power companies to escape public nuisance lawsuits filed in federal courts, though some cases brought in state court have survived.

The policy reversal could give public nuisance cases a new lease on life, legal experts said.

"This has the potential to change the stakes of the game," said University of Pennsylvania law professor Sarah Light. "If the Clean Air Act no longer applies to greenhouse gas emissions, then there's no comprehensive statutory scheme in which Congress intended to displace nuisance claims, so they would likely be able to proceed in court."

Jenner & Block environmental lawyer Meghan Greenfield agreed that a "new front" for lawsuits may be opening up.

"This is an area where things had been settled for the past 15 years, and, especially as the EPA steps out of this space for regulation, you can imagine others wanting to push those fronts ever harder," Greenfield said.  READ MORE

 

Excerpt from Politico's Power SwitchThe endangerment finding has previously survived legal challenges, and EPA has struggled to formulate its counterargument. The final repeal relies on a legal argument, not a scientific one — namely that the Clean Air Act allows the government to limit only pollution that causes direct, nearby damage. That limitation is not expressed in the law itself.

If courts uphold EPA’s repeal, future administrations may have a hard time limiting climate pollution without new action from Congress. Limits to tailpipe exhaust could crumble, with power plant rules likely to follow.

On the other hand, states may find themselves in the driver’s seat on climate regulation — potentially making fossil fuel companies newly vulnerable to state-level lawsuits and pollution restrictions.  READ MORE

 

Excerpt from Politico: Side-stepping a question about the value of U.S. leadership on climate policy, Zeldin argued Congress needs to make a direct choice to regulate greenhouse gases if that is what they want, and said recent Supreme Court decisions pushed him to rework his agency’s efforts.

There’s “no way that I’m gonna sit here and have any apology or regret for applying the best reading of the law and reading a Supreme Court decision that makes it clear that if you’re going to regulate the heck out of greenhouse gas emissions with trillions of dollars of regulatory costs on Americans,” he said, “that’s something that Congress should have a debate and a vote on.”

The Munich Security Conference is not typically a gathering place for environmental regulators, but Zeldin said attending offered chances to talk with world leaders about international initiatives, particularly the U.S. quest for “energy dominance” — also not typically a focus for the nation’s environmental regulators.

He mentioned the need for data centers and critical minerals, and “there’s a lot of investment that’s coming in the United States, including from European countries and we play an important role in the … permitting of these projects,” which he wants to see happen “as fast and efficiently as possible,” he noted.

Secretary of State Marco Rubio earlier in the day railed against the “climate cult” in Europe, a message Zeldin said he thought would find a receptive audience.

“I’m not here to lecture, shame, these European countries that their targets on environment are too strong or not strong enough,” he said.   READ MORE

 

Excerpt from Biobased Diesel Daily:  Biofuels, heavy-duty trucks 

The linchpin to U.S. biofuels policy is the Renewable Fuel Standard, a 20-year-old program that requires eligible biofuels to reduce GHG emissions by certain percentages in order to generate various types of renewable identification number (RIN) credits—D4 RINs for biobased diesel, for instance, necessitating a 50 percent minimum reduction in GHG emissions.

In addition, the value of the new clean fuel production credit known as section 45Z, which replaced the biodiesel blenders tax credit Jan. 1, 2025, is also based on GHG reductions.

Given these two important biofuels policies are inextricably intertwined with GHG reductions, Biobased Diesel Daily® reached out to Clean Fuels Alliance America’s director of public affairs and federal communications, Paul Winters, about EPA’s Feb. 12 action and Clean Fuels’ position on the ruling.

While Winters said Clean Fuels is not issuing a statement on the endangerment-finding repeal, he did note that both RFS and 45Z were enacted by Congress, specifically giving EPA and the treasury department, respectively, the authority to implement them.

“They are not dependent on or tied to EPA’s endangerment finding,” Winters said.

Then there is the matter of the Phase 3 GHG standards for heavy-duty trucks, which the Biden administration finalized in 2024.

The rule was widely viewed as a means to incentivize electric trucks.

“Our concern with the Phase 3 heavy-duty truck rule is that EPA did not consider biodiesel and renewable diesel as tools to mitigate tailpipe emissions,” Winters told Biobased Diesel Daily®.

Therefore, Winters added, the fate of the Phase 3 rule as a result of EPA’s Feb. 12 action to terminate the GHG endangerment finding will have no negative effects on the biodiesel and renewable diesel markets.

Costs, dismantling justification for EV push

The Trump EPA’s final rule does, however, “dismantle the tactics and legal fictions used by the Obama and Biden administrations to backdoor their ideological agendas on the American people,” the agency stated.

According to Trump’s EPA, the endangerment finding led to vehicle and engine regulations with an aggregate cost of more than $1 trillion and played a significant role in EPA’s justification of regulations of other sources beyond cars and trucks, resulting in additional costly burdens on American families and businesses.

“The costs imposed by these climate policies have placed new cars out of reach for many American families and harmed Americans’ ability to climb out of poverty or reach essential services,” the agency stated. “The Trump EPA is expected to deliver Americans over $1.3 trillion in cost savings, which includes reduced costs for new vehicles and avoided costs of purchasing equipment related to EVs.”

This action, according to EPA, will result in an average cost savings of over $2,400 per vehicle.

“By lowering vehicle and regulatory-compliance costs, EPA is improving affordability and expanding consumer choice and ultimately advancing the American dream by making it easier to reach jobs, grow small businesses and participate fully in the transportation and logistics systems that power the U.S. economy,” the agency stated.

EPA continued, stating, “The endangerment finding enabled the Obama and Biden administrations’ illegal push toward EV mandates. These mandates pressure the vehicle industry to phase down production of various models of traditional gasoline and diesel trucks and to reengineer their fleets towards uneconomic and infeasible electric technologies. The Obama and Biden administrations also used the endangerment finding to support off-cycle credits to forcibly incentivize automakers into adopting unpopular systems, undermining consumer choice. An off-cycle credit is a government-created concept that let auto manufacturers meet federal GHG standards on paper, by adding features like the almost universally hated start-stop feature, resulting in questionable emission reductions. Automakers should not be forced to adopt or rewarded for technologies that are merely a climate participation trophy with no material benefit. The Trump EPA chooses consumer choice over posturing to climate-change zealots every time. Today’s announcement ends all off-cycle credits, eliminates EPA incentives for the start-stop button, and restores consumer choice. Americans will be able to buy the car they want, including newer, more affordable cars with the most up-to-date safety standards and that emit fewer criteria and hazardous air pollutants.”   READ MORE

 

Excerpt from Inside EPA:  EPA is conceding that its repeal of the Biden-era vehicle greenhouse gas standards could impose $180 billion in net costs to society, a finding that environmentalists say shows the Trump administration’s signature climate policy rollback is unlawfully arbitrary. While EPA’s regulatory impact analysis (RIA) also includes other scenarios that “build on” the initial analysis and show net benefits from the policy -- based largely on reducing the calculated fuel benefits from the auto rules’ fuel savings. But critics say these...  READ MORE

 

Excerpt from Argus Media:  US president Donald Trump's elimination of all federal greenhouse gas standards on cars and trucks could raise gasoline prices by as much as 29pc by 2050, according to projections prepared by his own administration.

That higher spending on fuel, along with other effects caused by repealing the tailpipe standards, would result in net losses for consumers of about $180bn through 2055, according to a primary scenario the US Environmental Protection Agency (EPA) published on Thursday in support of its regulatory rollback. The agency's "Scenario A1" shows gasoline prices rising by 75¢/USG by 2050, in constant dollar terms, as a result of higher fuel demand coming from less fuel-efficient but cheaper cars and trucks.

Trump on Thursday cited what he said were "trillions of dollars" in cost savings as a reason for repealing tailpipe standards. But EPA's own modeling shows the potential savings to consumers would be far less, or even result in net costs for consumers. That is before accounting for adverse health consequences caused by air pollution or effects of climate change.

"By EPA's own analysis, American families will pay billions more in fuel costs. To make matters even worse, many people will be burdened with increased healthcare costs from the increase in air pollution that vehicles will be allowed to spew," said Katherine García, director of Sierra Club's Clean Transportation for All Campaign.

EPA administrator Lee Zeldin said on Thursday that the tailpipe rollback would "eliminate over $1.3 trillion of regulatory costs", a figure pulled from agency projections largely focused on savings from lower vehicle prices through 2055.

But that headline figure disregards key costs under the rollback, such as additional spending on fuel and repairs that would total nearly $1.5 trillion over the same time span, dwarfing the potential savings, agency modeling shows.

The extra fuel demand from the rollback has been welcome news for oil producers, who contend EPA's tailipe standards forced consumers to purchase electric vehicles and other models they did not want. Before the rollback, the US Energy Information Administration's reference case in its Annual Energy Outlook showed fuel demand from light-duty vehicles falling to 4.9mn b/d by 2050, down from 8.3mn b/d this year. Oil groups have cheered the demise of EPA's vehicle greenhouse gas standards, even as they push to retain emission standards for oil and gas facilities.

"EPA properly concludes that the Clean Air Act does not provide it with the authority to regulate certain greenhouse gas emissions," Independent Petroleum Association of America chief executive Edith Naegele said.

EPA prepared alternative scenarios that show increased benefits from the rollback. In technical documents released on Thursday, EPA said "Scenario AI" does account for policies Trump is taking "to drive down the price of gasoline and diesel", so it modeled an alternative scenario where oil prices plunge to $47/bl by 2050, compared with a reference case of $91/bl. In that price scenario, net savings would reach $250bn by 2055. EPA also created scenarios showing even higher savings by assuming consumers only cared about the first 2.5 years of fuel savings when buying a more fuel-efficient vehicle.

None of EPA's cost-benefit scenarios accounted for any of the negative health effects of more air pollution, or damage from climate change. Under a recent policy change, EPA assigned a value of $0 for all adverse health effects of regulatory changes. EPA expects the rollback will increase greenhouse gas emissions by 8.3bn metric tonnes of CO2-equivalent, equivalent to about 1.5 years of greenhouse gas emissions from the US.  READ MORE

 

Excerpt from E&E News ClimatewireLegal experts warn that scrapping the scientific finding may undermine federal preemption defenses, opening the door to a wave of state lawsuits against major emitters.

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Courts will have the last say on whether EPA can stop regulating heat-trapping emissions permanently in the wake of last week’s endangerment finding repeal. And if the Supreme Court eventually endorses EPA’s central argument — that Congress never gave the agency authority to regulate climate pollution — the decision could have the unintended consequence of wiping away legal protections for the industries that Zeldin was trying to help.

“Be careful what you wish for,” said Seth Jaffe, an environmental attorney at Foley Hoag.

Voiding EPA’s regulatory authority under the Clean Air Act could give states more latitude to institute greenhouse gas curbs of their own. And large sources of climate pollution, such as power plants and oil companies, have been shielded from federal lawsuits brought by states and other plaintiffs because Congress had entrusted EPA with regulating greenhouse gases. Now that the agency is forfeiting that authority, those safeguards may disappear.

EPA’s apparent goal in undoing the finding was to bar future Democratic administrations from regulating carbon and methane through the Clean Air Act.

To do that, EPA claimed in its repeal that the landmark 1970 law gave it no legal tools to regulate climate-warming pollution because, it said, a clear reading of the statute limits its authority only to tackling pollution that harms public health near the point of its release — not after it enters the atmosphere and affects the climate years later and miles away.

But it’s that authority that has kept some states from imposing regulations of their own. With it gone, lawyers say states could impose a patchwork of rules for motor vehicle greenhouse gas emissions with no waiver from EPA.

EPA claimed that the repeal “does not impact [f]ederal preemption for motor vehicle and engine emission standards.”

But that assertion is destined to be litigated.

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The agency said the Clean Air Act preempts states from adopting or attempting to enforce emission standards for new motor vehicles and engines, “full stop — whether EPA has issued standards for particular emissions or not.” 

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Legal experts said the repeal could also create an opening for litigants — including state attorneys general — to sue companies for damages linked to their greenhouse gas emissions.

The Supreme Court ruled in 2011 that corporations could not be sued for their climate pollution under federal common law, because Congress had charged EPA with curbing greenhouse gases. Now EPA is contending that the Clean Air Act gave it no such authority.

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Attorneys cautioned that lawsuits over climate change face challenges that have nothing to do with Clean Air Act displacement, including establishing a causal link between a specific pollution source and tangible impacts from climate change.

Jody Freeman, director of the Environmental and Energy Law Program at Harvard Law School, said that an explosion of tort suits “would not be an optimal way of dealing with greenhouse gas emissions and with the problem of climate change, to say the least.”

“The worst version of this is, you don’t have any sensible, comprehensive federal rules, and you have a bunch of chaotic litigation that runs into trouble in the courts,” she said.

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The preemption argument has been at the heart of efforts by oil and gas companies to dismiss a swath of lawsuits filed against them by dozens of cities, counties and states seeking financial compensation for the costs of climate change.

The companies argue that the lawsuits should be tossed out of state court because the claims are barred by the Clean Air Act. The Supreme Court is poised to decide whether to take up the industry’s latest bid to quash the lawsuits.

Exxon Mobil and Suncor Energy last year asked the justices to review a Colorado Supreme Court decision and find that federal law bars local governments from seeking relief for climate change in state courts.

The city and county of Boulder, which brought the lawsuit, suggested in a November brief to the Supreme Court that the questions raised by the case could change because EPA was looking to repeal the endangerment finding “on the theory that it lacks statutory authority” to regulate greenhouse gas emissions.

Andres Restrepo, a senior attorney at the Sierra Club, which joined 16 other environmental and public health groups Wednesday in a legal challenge to EPA’s repeal of the finding, said the agency now asserts it does not have the authority to regulate greenhouse gas emissions.

“EPA, in our view, is taking this issue and basically eliminating what otherwise would have been a protection for companies against these kinds of lawsuits,” Restrepo said. “That really opens them up to a lot of potential legal liability and creates a lot of uncertainty.”   READ MORE

 

Excerpt from Politico:  While unwinding Massachusetts v. EPA would represent a monumental reversal of U.S. policy, some legal experts argue it could hand state regulators newfound power to fill the void.

That’s because states are preempted from setting their own tailpipe standards — a restriction that becomes hard to defend if the federal government bows out of the emissions game.

“If that happens, then EPA lacks any authority to issue standards, including under a new administration,” said Ann Carlson, who led the National Highway Traffic Safety Administration under former President Joe Biden. “That would leave states as the natural locus for regulatory power.”

That would be paradigm shifting for California air regulators, who in June watched congressional Republicans revoke the EPA waiver that gave the state power to set stricter-than-federal tailpipe rules. A world without the endangerment finding could make the politically fraught task of seeking federal approval a hurdle of the past.

Trump’s EPA is trying to head off that legal reasoning. The agency’s official repeal argues that states are still preempted from developing laws or regulations that “adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or engines.”

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“Absolutely, this has been the topic of conversation,” Assemblymember Cottie Petrie-Norris, chair of the Utilities and Energy Committee, said during a press briefing last week. “There is, I think, a certain irony that in the revocation of the endangerment finding, it actually could provide California with more latitude and more direct responsibility.”

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That’s a debate the auto industry wants to avoid. While major car companies lobbied Congress to revoke California’s EV sales mandate last year, they stopped short of advocating against the endangerment finding and didn’t explicitly praise the repeal last week.

“The auto industry in America remains focused on preserving vehicle choice for consumers, keeping the industry competitive, and staying on a long-term path of emissions reductions and cleaner vehicles,” said John Bozzella, president and CEO of the Alliance for Automotive Innovation, which represents most major automakers.

The auto industry — which has long advocated for unified regulations across the United States — now could face a scenario where it’s not only easier for California to issue tailpipe rules, but states like New York or Illinois could also create their own patchwork of standards.  READ MORE

 

Excerpt from Politico Pro:  Young climate activists are also going to court over EPA’s repeal of a landmark Obama-era scientific finding. 

The Trump administration’s decision to revoke EPA’s legal foundation for climate rules drew its first court challenges Wednesday from a coalition of health and environmental groups and 18 young people.

Two petitions filed in the U.S. Court of Appeals for the District of Columbia Circuit challenged EPA's decision last week to roll back the 2009 endangerment finding, which identified climate pollution as a threat to public health. The lawsuits — filed hours after the repeal was published in the Federal Register — are the first to challenge the move, though more petitions are expected, including from some Democratic-led states.

“Undercutting the ability of the federal government to tackle the largest source of climate pollution is deadly serious, but the administration's legal and scientific reasons for doing so are a joke," said Meredith Hankins, legal director for federal climate at the Natural Resources Defense Council. 

NRDC's lawsuit named EPA and its administrator, Lee Zeldin, as respondents. Earthjustice and the Environmental Defense Fund are also among the challengers, as well as health groups including the American Public Health Association and American Lung Association.  READ MORE

 

Excerpt from CZ App:  For some in the US car industry, there will be uncertainty about the rollback, as manufacturing less fuel-efficient vehicles might limit their sales overseas.

“This rollback is sort of cementing things that have already been done, such as the relaxation of the fuel economy standards,” said Michael Gerrard, a climate law expert from Columbia University. “But it really does put US automakers in a bind, because nobody else is going to want to buy American cars.”

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What we do know is that grain-based ethanol cuts greenhouse gas emissions significantly—by 44 to 52% compared to gasoline, according to the Department of Energy’s Argonne National Laboratory. Similarly, researchers from Harvard, MIT and Tufts concluded that today’s corn ethanol offers an average GHG reduction of 46% versus gasoline.

Emerging technologies promise to boost that reduction to near 70% in the next few years, according to USDA. Ethanol made from corn kernel fibre and other cellulosic feedstocks is already delivering reductions of 80% or more.

Airlines and Energy Firms Double Down on SAF

Meanwhile, the world is intent on reducing the carbon footprint of air transportation by increasing the use of SAF.

In Finland, Neste and World Fuel Services have extended their existing relationship with a five-year agreement that will expand the availability of Neste-supplied SAF at more than 100 airports across World Fuel’s UK and European network. Through World Fuel’s European network, SAF will be available to its commercial, business and general aviation customers, Neste said.

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The continued investment from these industry leaders underscores strong confidence in the future of SAF and LanzaJet’s proprietary ATJ technology. The financing will support existing and future commercial deployments of its ATJ technology. READ MORE

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