U.S. revokes EPA authority to regulate greenhouse gases, setting up major court fight

U.S. revokes EPA authority to regulate greenhouse gases, setting up major court fight
The U.S. Environmental Protection Agency (EPA) sign is seen on the podium at EPA headquarters in Washington, U.S., 11 July, 2018.
Reuters

The Trump administration on Thursday finalised rules revoking the Environmental Protection Agency’s authority to regulate greenhouse gas emissions, a move that significantly reshapes long-standing U.S. climate policy.

The 2009 endangerment finding determined that carbon dioxide and five other greenhouse gases endanger public health and welfare under the Clean Air Act. It has since provided the legal foundation for federal limits on emissions from vehicles, power plants and the oil and gas sector.

President Donald Trump said the administration was “terminating” the finding, describing it as harmful policy. Because federal vehicle emissions standards are rooted in that determination, the administration is also moving to repeal greenhouse gas rules for cars and trucks. 

The decision is expected to trigger immediate legal challenges. In 2007, the U.S. Supreme Court ruled that greenhouse gases qualify as air pollutants under the Clean Air Act and that the EPA has authority to regulate them. In 2022, the court upheld that authority in relation to power plants, while narrowing how broadly it may be applied.

Environmental organisations have signalled plans to challenge the repeal, and former EPA officials say the case could take years to resolve and may ultimately return to the Supreme Court.

If upheld, the move would remove the primary legal basis for federal regulation of greenhouse gas emissions under the Clean Air Act, with any restoration of similar authority likely requiring new legislation from Congress.

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