Decriminalizing carbon dioxide: The unraveling of EPA’s flawed Endangerment Finding
TargetNews
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- President Donald Trump signed an executive order directing the EPA to reassess the legality and applicability of the Endangerment Finding, a move seen as a step toward dismantling federal environmental regulations.
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- The Clean Air Act of 1963 didn’t initially list carbon dioxide (CO2) as an air pollutant, but a 2007 Supreme Court ruling (Massachusetts v. EPA) paved the way for the EPA to regulate greenhouse gases.
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- The 2009 EPA rule classifying CO2 as a harmful pollutant is criticized for relying on flawed data and has led to higher energy bills and concerns about the stability of the U.S. energy grid.
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- The 2022 Supreme Court decision cited the Major Questions Doctrine, emphasizing the need for agencies to have clear congressional authorization for significant actions, providing further grounds for challenging the Endangerment Finding.
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- Reassessing the Endangerment Finding is seen as crucial for ensuring the U.S. remains competitive in the global economy and can focus on technological advancements without the constraints of misguided regulation. The aim is to return to the original intent of the Clean Air Act and address genuine public health and welfare risks.
On January 20, President Donald Trump signed an executive order titled “Unleashing American Energy,” which directs EPA Administrator Lee Zeldin to reassess the legality and applicability of the Endangerment Finding within 30 days. This move marks a significant step toward dismantling what many conservatives view as an overreach of federal power and a misinterpretation of the Clean Air Act.
The origins of Endangerment Finding
The Endangerment Finding, a rule that has largely flown under the radar for most Americans, has been a cornerstone of federal environmental policy since 2009. It allows the EPA to classify carbon dioxide (CO2) as a harmful pollutant under the Clean Air Act, enabling the agency to regulate it. However, this rule has its roots in a series of legal battles that began long before it was officially adopted. Read More
https://www.newstarget.com/2025-02-09-the-unraveling-of-epas-flawed-endangerment-finding.html