Trump EPA Attacks Endangerment Finding Making Climate Denialism Official Policy

Today the U.S. Environmental Protection Agency (EPA) proposed new rulemaking to dismantle the Endangerment Finding, the foundational scientific determination that greenhouse gas (GHG) pollution from gas-powered vehicles, power plants, and oil and gas operations, endanger public health and the environment.

The proposed rule also seeks to eliminate EPA’s existing greenhouse-gas standards for motor vehicles, like cars and heavy-duty trucks.

The Clean Air Act mandates that EPA must protect people from “any air pollutant” that “cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.” With today’s proposed rulemaking, the Trump EPA seeks to deny settled science by creating legal distinctions that have no basis in the law. EPA’s authority to regulate greenhouse gases was already decided by the Supreme Court over a decade ago. Rather than taking its responsibility to protect public health seriously, the administration is creating legal barriers to avoid setting air pollution limits on Industry.

The following is a statement from Abigail Dillen, Earthjustice President:

“The Trump administration is pretending that the pollution causing climate change is not hurting us, even as we suffer more devastating climate disasters every year. Extreme weather is killing people. It is destroying homes and entire communities. It is propelling an insurance crisis that threatens to upend our economy and the financial security of millions of Americans.

“With today’s announcement, the EPA is telling us in no uncertain terms that U.S. efforts to address climate change are over. For the industries that contribute most to climate change, the message is ‘pollute more.’ For everyone feeling the pain of climate disasters, the message is ‘you’re on our own.’”

Background

In the 2007 landmark U.S. Supreme Court decision Massachusetts vs. EPA, the court found that carbon pollution and other climate-warming pollutants (greenhouse gases) are “air pollutants” as defined by the Clean Air Act. The court directed the EPA to make a final scientific determination whether these pollutants endanger health or welfare.

In 2009, the EPA determined that carbon dioxide, methane, and four other climate pollutants do endanger public health, and EPA has repeatedly reaffirmed that pollution from power plants, oil and gas operations, cars, trucks, buses, planes, and other transportation contribute to that danger. The EPA’s Endangerment Finding was challenged in court by big oil and gas companies, fossil fuel producers, and right-wing groups like the Heritage Foundation and Competitive Enterprise Institute. The D.C. Circuit of Appeals upheld the finding based on the overwhelming scientific evidence supporting it. The Supreme Court denied an additional review.

The Endangerment Finding serves as the foundation for:

• EPA Clean Car and Trucks GHG standards
• 111 carbon pollution standards for power plants (Power Plant Rule)
• Methane standards for the oil and gas industry

The EPA proposed a new rulemaking to repeal the Power Plant Rule in June and proposed rolling back the EPA Clean Car and Truck Standards in today’s sweeping announcement.

Today’s proposed rulemaking on the Endangerment Finding will initiate a comment period, and Earthjustice will be working with clients and partners to submit comprehensive legal and technical comments. The final rule is expected before the end of the year.

Earthjustice was part of the team that successfully defended the Endangerment Finding against fossil fuel industry challenges in 2013-14. We will continue to work with our partners to compel EPA to address the pollution that is driving the climate crisis.