Trump EPA Kicks Off Formal Reconsideration of Endangerment Finding with Agency Partners
WASHINGTON – U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency will be kicking off a formal reconsideration of the 2009 Endangerment Finding in collaboration with the Office of Management and Budget (OMB) and other relevant agencies. EPA also intends to reconsider all of its prior regulations and actions that rely on the Endangerment Finding.
“After 16 years, EPA will formally reconsider the Endangerment Finding,” said Administrator Zeldin. “The Trump Administration will not sacrifice national prosperity, energy security, and the freedom of our people for an agenda that throttles our industries, our mobility, and our consumer choice while benefiting adversaries overseas. We will follow the science, the law, and common sense wherever it leads, and we will do so while advancing our commitment towards helping to deliver cleaner, healthier, and safer air, land, and water.”
“EPA’s regulation of the climate affects the entire national economy—jobs, wages, and family budgets. It’s long overdue to look at the impacts on our people of the underlying Obama endangerment finding,” said White House OMB Director Russ Vought.
“The United States produces energy smarter, cleaner, and safer than anywhere else in the world,” said Secretary of the Interior Doug Burgum. “To achieve President Trump’s vision for energy dominance, we are prioritizing innovation over regulation to attain an affordable, reliable, clean, and secure energy future for all Americans.”
“The 2009 Endangerment finding has had an enormously negative impact on the lives of the American people. For more than 15 years, the U.S. government used the finding to pursue an onslaught of costly regulations – raising prices and reducing reliability and choice on everything from vehicles to electricity and more. It’s past time the United States ensures the basis for issuing environmental regulations follows the science and betters human lives,” said Energy Secretary Chris Wright.
“Thanks to President Trump’s leadership and the hard work of Administrator Zeldin, we are taking another important step toward ushering in a golden age of transportation. The American people voted for a government that prioritizes affordable, safe travel and lets them choose the vehicles they drive. Today we are delivering on that promise, and this will allow the DOT to accelerate its work on new vehicle fuel economy standards that will lower car prices and no longer force Americans to purchase electric vehicles they don’t want,” said Transportation Secretary Duffy.
“Since 2009, I’ve consistently argued that the endangerment finding required a consideration of downstream costs imposed on both mobile sources like cars and stationary sources like factories. Under the enlightened leadership of President Trump and Administrator Zeldin, the time for fresh thought has finally arrived,” said Office of Information and Regulatory Affairs Administrator Jeff Clark.
In President Trump’s Day One Executive Order, “Unleashing American Energy,” he gave the EPA Administrator a 30-day deadline to submit recommendations on the legality and continuing applicability of the 2009 Endangerment Finding. After submitting these recommendations, EPA can now announce its intent to reconsider the 2009 Endangerment Finding.
When EPA made the Endangerment Finding in 2009, the agency did not consider any aspect of the regulations that would flow from it. EPA’s view then was that the Finding itself did not impose any costs, and that EPA could not consider future costs when making the Finding. EPA has subsequently relied on the Endangerment Finding as part of its justification for seven vehicle regulations with an aggregate cost of more than one trillion dollars, according to figures in EPA’s own regulatory impact analyses. The Endangerment Finding has also played a significant role in EPA’s justification of regulations of other sources beyond cars and trucks.
Congress tasked EPA under Section 202 of the Clean Air Act with regulating new motor vehicles when the Administrator determines that emissions of an air pollutant endanger public health and welfare. But the Endangerment Finding went about this task in what appears to be a flawed and unorthodox way. Contrary to popular belief, the Endangerment Finding did not directly find that carbon dioxide emissions from U.S. cars endanger public welfare. Instead, the Finding looks at a combination of emissions of six different gases—and cars don’t even omit all six. It then creatively added multiple leaps, arguing that the combined six gases contribute some mysterious amount above zero to climate change and that climate change creates some mysterious amount of endangerment above zero to public health. These mental leaps were the only way the Obama-Biden Administration could come to its preferred conclusion, even if it did not stick to the letter of the Clean Air Act.
The Endangerment Finding acknowledges and identifies significant uncertainties in the science and assumptions used to justify the decision. In the 16 years since EPA issued the Endangerment Finding, the world has seen major developments in innovative technologies, science, economics, and mitigation. EPA has never before asked for public comment on the implications these developments have had on the Endangerment Finding, but now it will as part of the reconsideration process it intends to undertake. Additionally, major Supreme Court decisions in the intervening years, including Loper Bright Enterprises v. Raimondo, West Virginia v. EPA, Michigan v. EPA, and Utility Air Regulatory Group v. EPA, have provided new guidance on how the agency should interpret statutes to discern Congressional intent and ensure that its regulations follow the law.
As part of this reconsideration process, EPA will leverage the expertise of the the White House Budget Office, including the Office of Information and Regulatory Affairs, White House Office of Science and Technology Policy, National Oceanic and Atmospheric Administration, and other relevant agencies.
It is in the best interest of the American people for EPA to ensure that any finding and regulations are based on the strongest scientific and legal foundation. The reconsideration of the Endangerment Finding and EPA’s regulations that have relied on it furthers this interest. The agency cannot prejudge the outcome of this reconsideration or of any future rulemaking. EPA will follow the Administrative Procedure Act and Clean Air Act, as applicable, in a transparent way for the betterment of the American people and the fulfillment of the rule of law.
This was announced in conjunction with a number of historic actions to advance President Trump’s Day One executive orders and Power the Great American Comeback. Combined, these announcements represent the greatest and most consequential day of deregulation in the history of the United States. The overhaul of the Endangerment Finding along with other massive rules represents the death of the Green New Scam and drives a dagger straight into the heart of the climate change religion. While accomplishing EPA’s core mission of protecting the environment, the agency is committed to fulfilling President Trump’s promise to unleash American energy, lower costs for Americans, revitalize the American auto industry, restore the rule of law, and give power back to states to make their own decisions.
View more information on the Endangerment Finding (pdf).
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