EPA Releases Proposal to Rescind Obama-era Endangerment Finding That Allows the Agency to Regulate Greenhouse Gas Emissions

The Environmental Protection Agency (EPA) released its long-awaiting proposal to rescind the Obama-era EPA’s 2009 endangerment finding that found that human emissions of carbon dioxide, methane, and other greenhouse gases threaten human health and welfare that is the basis for the EPA regulating greenhouse gas emissions under the Clean Air Act. A one-pager from the EPA on the significance of the rescission of the 2009 endangerment finding is available here. In the proposed rule, the EPA writes that the Obama Administration had “unreasonably analyzed the scientific record” in making its 2009 determination that greenhouse gases that contribute to climate change are a threat to human health and should be regulated.

In an accompanying report, the Department of Energy concluded that climate change linked greenhouse gas emissions “might be less damaging economically than commonly believed.” The report also states that U.S. policy actions will have “undetectably small direct impacts on the global climate” although it does not examine details of power sector regulations. If finalized, the proposed rule is expected to be followed by rescission or non-enforcement of greenhouse gas emissions regulations on power plant and vehicle emissions that are predicated on the endangerment finding.

EPA estimates the proposal would save Americans $54 billion in costs annually through the repeal of all such greenhouse gas standards. EPA Administrator Lee Zeldin also announced that EPA is reconsidering the Biden-era EPA’s Model Year 2027 and Later Light-Duty and Medium-Duty Vehicles regulation and Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles, which were both predicated on the 2009 endangerment finding.

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