The EPA’s Review of Greenhouse Gases: A Shift in Environmental Policy?
In a significant development for U.S. environmental regulation, the Environmental Protection Agency (EPA) under Administrator Lee Zeldin has announced a reconsideration of the 2009 endangerment finding that designated greenhouse gases as pollutants. This potential revision could have far-reaching implications for environmental regulations regarding the automotive and power sectors.
Background on the Endangerment Finding
The endangerment finding originated in 2007 during President George W. Bush’s administration, following a Supreme Court ruling that empowered the EPA to regulate greenhouse gases under the Clean Air Act. This authority was grounded in the agency’s determination that these gases, specifically carbon dioxide and methane, posed risks to public health.
In 2009, the EPA, influenced by data from the UN Intergovernmental Panel on Climate Change (IPCC), confirmed that six greenhouse gases endangered public health, thus enabling the EPA to impose regulations on emissions. This decision led to a wave of climate regulations that not only affected the U.S. market but also contributed to the international momentum toward net-zero emissions, often at the cost of increased manufacturing expenses in the West and a push towards offshoring production to Asia, without a significant reduction in global emissions.
New Scientific and Legal Contexts
Since the original finding, significant advancements in climate science and legal interpretations have emerged. The 2022 Sixth Assessment Report by the IPCC provides updated insights that the EPA intends to evaluate as part of this reconsideration process. Additionally, recent Supreme Court rulings have reinforced the principle that regulatory agencies must adhere closely to the law, limiting their latitude to interpret existing laws freely. This suggests that Congress has not explicitly authorized the EPA to regulate CO2 emissions, which could catalyze a reevaluation of existing regulations.
Potential Impacts of the Reconsideration
If the EPA determines that greenhouse gases do not constitute pollutants within the meaning of the Clean Air Act, the consequences could be substantial:
- Elimination of certain costly regulations, potentially saving the economy trillions of dollars.
- Reduction of average vehicle costs, which have escalated from approximately $23,000 in 2009 to around $50,000 today, partly due to environmental mandates.
- Reevaluation of aggressive regulations, such as the Clean Power Plan and stringent automobile emissions standards that required significant percentages of new cars to be electric by 2032.
A Unified Administration Front
The current administration is presenting a consolidated approach toward this reconsideration, with affirmative statements from various high-ranking officials, including those from the Departments of Energy, Transportation, and Interior. Transportation Secretary Duffy emphasized that revisiting the endangerment finding could facilitate the implementation of more flexible vehicle fuel economy standards, allowing consumers greater choice in vehicle types.
Conclusion
The reconsidering of the endangerment finding signals a critical juncture for U.S. environmental policy. It raises important questions about the balance between regulatory authority and economic freedom, with implications that extend beyond U.S. borders, particularly regarding global manufacturing dynamics and energy resources in developing nations. The forthcoming evaluation of the endangerment finding will likely influence the landscape of U.S. environmental regulations for years to come.
