EPA's Proposed Repeal of 2009 Endangerment Finding Prompts Debate

On July 29, 2025, the U.S. Environmental Protection Agency (EPA), under Administrator Lee Zeldin, proposed rescinding the 2009 "endangerment finding," a pivotal determination that identified greenhouse gases as threats to public health and welfare. This finding has been the legal foundation for regulating emissions from vehicles, power plants, and other industrial sources under the Clean Air Act.

The proposed repeal aims to eliminate existing greenhouse gas regulations, with the administration arguing it would reduce compliance costs by an estimated $54 billion annually. Administrator Zeldin described this move as the "largest deregulatory action in U.S. history."

The 2009 endangerment finding was based on a 2007 Supreme Court decision in Massachusetts v. EPA, which classified greenhouse gases as pollutants under the Clean Air Act, thereby granting the EPA authority to regulate them. Rescinding the endangerment finding would remove this legal basis, potentially preventing future administrations from implementing similar regulations.

Critics, including environmental groups and legal experts, contend that this move could create legal uncertainties, jeopardize investments in emissions reductions, and undermine efforts to combat climate change. They argue that the repeal contradicts established science and could lead to increased litigation from state authorities.

While the administration emphasizes cost savings, some industry stakeholders express concern over the potential for increased legal uncertainty and the disruption of investments made in emissions reductions. Automakers and utilities, in particular, highlight the risks of losing regulatory stability, which could unsettle markets and investment decisions.

Lee Zeldin was sworn in as the 17th Administrator of the EPA on January 29, 2025. Prior to this role, he served as a U.S. Representative for New York's 1st Congressional District from 2015 to 2023 and as a New York State Senator from 2011 to 2014. Zeldin has a background in law and military service, having served in the U.S. Army and Army Reserve.

The 2009 endangerment finding has been a cornerstone of U.S. climate policy, enabling the regulation of greenhouse gas emissions. Its potential repeal represents a significant shift in environmental policy, with parallels to previous deregulatory efforts but differing in scope and potential impact.

The proposal is expected to undergo public comment and review before potential finalization in 2026, and legal challenges are anticipated.