The Trump administration is poised to significantly curtail federal climate change policy by revoking a key finding that greenhouse gas emissions endanger public health and welfare. The move, expected to be formalized on , represents the administration’s most aggressive step yet to dismantle climate regulations, setting the stage for a protracted legal battle.
At the heart of the issue is the 2009 “endangerment finding” issued by the Environmental Protection Agency (EPA) under the Obama administration. This determination established that greenhouse gases like methane and carbon dioxide pose a threat, thereby providing the legal basis for the EPA to regulate them under the Clean Air Act. The current administration now argues that the Clean Air Act does not grant the agency the authority to regulate these emissions.
“This will be the largest deregulatory action in American history,” White House press secretary Karoline Leavitt stated on . EPA Administrator Lee Zeldin is expected to join President Trump at the White House to formalize the decision.
A Shift in Legal Landscape
The administration’s confidence in pursuing this action stems not from new scientific evidence, but from a fundamental shift in the interpretation of administrative law, driven by the composition of the Supreme Court. Legal experts emphasize that the EPA is likely to frame its decision as a matter of legal authority, rather than a dispute over the science of climate change.
“We expect EPA to revoke the endangerment finding for legal reasons, not scientific ones,” explained Jeff Holmstead, a partner at the Bracewell law firm and former head of EPA’s air office during the George W. Bush administration. “Here’s the only way that they can ‘drive a stake through the heart of climate religion,’ as Administrator Zeldin has said.”
The change in legal footing is directly linked to a series of Supreme Court decisions in recent years. A key turning point was the 2022 ruling in West Virginia v. EPA, which established the “major questions doctrine.” This doctrine asserts that when an agency seeks to regulate on issues of vast economic and political significance – like climate change – it must have clear, explicit authorization from Congress to do so. Prior to this ruling, courts generally deferred to agency expertise in interpreting ambiguous laws.
Matthew Leopold, who served as the EPA’s general counsel during Trump’s first term, described the situation as an “administrative law revolution” at a forum hosted by the American Enterprise Institute (AEI). “The playing field that the Obama administration was playing on [when it made the endangerment finding] looks entirely different today.”
Further solidifying this shift, a 2024 Supreme Court case overturned the “Chevron doctrine,” a principle that had guided regulatory law for 40 years. The Chevron doctrine instructed courts to defer to federal agencies’ reasonable interpretations of ambiguous laws. The Supreme Court’s decision now places the responsibility for interpreting the law squarely with judges, even in areas requiring scientific expertise and knowledge of pollution control technologies.
Impact on Existing Regulations
The revocation of the endangerment finding is expected to have far-reaching consequences, particularly for regulations targeting greenhouse gas emissions from vehicles. Because the 2009 finding stemmed from a section of the Clean Air Act focused on vehicle emissions, the EPA is also anticipated to end rules designed to reduce climate pollution from cars and trucks. Transportation currently represents the largest source of direct greenhouse gas emissions in the United States.
The administration’s move is already drawing strong criticism from environmental groups. Abigail Dillen, president of Earthjustice, called the decision “a slap in the face to the millions of Americans who are living through climate disasters and their aftermath,” and vowed to challenge the decision in court. Legal challenges are widely anticipated, given the significant implications of the policy change.
Industry groups are also watching closely, with many anticipating a more favorable regulatory environment. However, the legal uncertainty created by the administration’s actions could also lead to prolonged litigation and instability in the energy sector.
The decision comes amidst a backdrop of record-breaking global temperatures and increasingly frequent and severe climate-related disasters. The three hottest years on record have occurred recently, and communities across the U.S. Have experienced deadly flooding. The administration’s move to dismantle climate regulations is likely to further exacerbate these trends, raising concerns about the long-term environmental and economic consequences.
The legal battles ahead will likely center on whether the EPA has the authority to reinterpret the Clean Air Act in light of the recent Supreme Court rulings, and whether the administration’s actions are consistent with the law’s intent to protect public health and the environment. The outcome of these challenges will have a profound impact on the future of climate policy in the United States.
