Tag: climate

Endangered No More?

EPA has finalized the Rescission Rule, the rescission of the greenhouse gas Endangerment Finding. EPA called it the “single largest deregulatory action in U.S. history.” Administrator Zeldin announced EPA’s intention to rescind the Endangerment Finding in March 2025 when he announced a series of sweeping deregulatory actions.

The genesis of the Endangerment Finding was an October 1999 petition for rulemaking submitted to EPA by various environmental organizations seeking regulation of greenhouse gases. The petition was based on Clean Air Action Section 202(a)(1), which states that EPA shall prescribe standards applicable to the emission of any air pollutant from new vehicles or engines “which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.”

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EPA’s Regulatory Roll-Back

In March 2025, Administrator Zeldin announced that EPA will reconsider a number of regulations in order to advance various executive orders issued by President Trump and fulfill EPA’s own Powering the Great American Comeback Initiative. These efforts include the 2024 ambient air standard for particulate matter, the 2009 endangerment finding, and the scope of jurisdiction over ‘adjacent wetlands after the Supreme Court’s 2023 decision in Sackett.

In the Biden Administration, EPA lowered the National Ambient Air Quality Standard for particulate matter, the PM 2.5 NAAQS. The standard was reduced to levels that were close to background levels in some areas. EPA announced it is “revisiting” the lower standard because, among other things, the lower standard “raised serious concerns from states across the country and served as a major obstacle to permitting.”

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