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Most of the United States’ major climate regulations are based on one crucial document known as the *endangerment finding*. It states that greenhouse gas emissions threaten human health and welfare. The Trump administration is attempting to eliminate this finding.
On July 29, 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a proposal to rescind the endangerment finding. This would allow for public comment over the next 45 days. A draft of the proposal argues that the EPA lacked authority to issue the endangerment finding in 2009 and related regulations. It also contends that U.S. vehicle emissions are not significant contributors to global greenhouse gas emissions, and that the costs outweigh benefits.
These arguments are dubious and will require deeper analysis once officially published in the Federal Register. Revoking the endangerment finding is complex; it could trigger lawsuits if finalized. Furthermore, this action might have unintended consequences for industries President Donald Trump aims to support.
As a law professor, I’ve tracked federal climate regulations and the subsequent lawsuits over two decades. Let’s examine the origins and implications of the endangerment finding, as well as Zeldin’s options.
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**Origins and Limits of the Endangerment Finding**
In 2007, the U.S. Supreme Court ruled in *Massachusetts v. EPA* that six greenhouse gases are pollutants under the Clean Air Act. The court mandated the EPA to determine if these gases pose a danger to public health or welfare.
The court also insisted that once an endangerment finding is made, the agency must regulate all sources contributing to the danger under the law’s mandatory duty.
In response, the EPA issued the *endangerment finding*. This was challenged and upheld in 2012 by the U.S. Court of Appeals for the D.C. Circuit in *Coalition for Responsible Regulation v. EPA*, which found significant scientific evidence supporting the endangerment finding.
**Challenging the Endangerment Finding**
Today, the scientific basis for the endangerment finding is stronger than it was in 2009. The latest Intergovernmental Panel on Climate Change (IPCC) report emphasizes that greenhouse gases are causing global warming. According to the *National Climate Assessment* released in 2023, human-caused climate change effects are worsening across the United States.
During Trump’s first term, EPA Administrator Scott Pruitt considered repealing the finding but ultimately did not. Instead, he relied on it for proposing the *Affordable Clean Energy Rule*, which aimed to replace Obama’s Clean Power Plan.
**Zeldin’s Cost Argument**
Zeldin argued that the 2009 endangerment finding didn’t consider costs. However, this argument was rejected by the District of Columbia Circuit Court in *Coalition for Responsible Regulation v. EPA* in 2012. Costs only become relevant once new regulations are considered after the initial finding.
In a 2001 decision, the Supreme Court ruled in *Whitman v. American Trucking Associations* that the EPA cannot consider cost when setting air quality standards.
**What Happens if the EPA Revokes the Endangerment Finding?**
Even if Zeldin revokes the endangerment finding, it does not automatically repeal all rules relying on it. Each rule must go through separate processes and face legal challenges. Zeldin could simply refuse to enforce existing rules, but this could be challenged as arbitrary and capricious.
**A Repeal Could Backfire**
Repealing the endangerment finding could benefit states and cities suing major oil companies for climate damages. If the endangerment finding is repealed, these lawsuits may have legal grounds without federal preemption. Industry lawyers warn that the EPA should focus on changing individual regulations instead.
Given the current Supreme Court’s stance, Zeldin’s reinterpretation of the statute will not receive deference. The court is unlikely to overturn its Massachusetts v. EPA ruling for policy reasons.
This article was updated with the EPA’s announcement to rescind the endangerment finding.
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What action did Environmental Protection Agency (EPA) Administrator Lee Zeldin propose on July 29, 2025?
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