Repeal of Endangerment Finding Sparks Fear of "Patchwork" Regulations and Litigation

Strategic Insights -

A proposal to repeal the Environmental Protection Agency's (EPA) finding that greenhouse gases endanger public health has sparked concern from business leaders and environmental groups. The finding, made in 2009, is the basis for the federal government's authority to regulate greenhouse gas emissions under the Clean Air Act. Repealing the finding could lead to a patchwork of regulations at the state and local level, as well as costly litigation. Some companies are opposing the plan, while others, including oil and gas companies, are supporting the EPA's proposal.

The EPA's plan to repeal the finding has been met with resistance from environmental groups, which have promised to sue the agency if it goes through. Business leaders have expressed concern that the repeal could lead to a prolonged legal battle and technological stagnation. The Edison Electric Institute, a trade association representing the electric power industry, has said that removing the federal role in regulating greenhouse gases could lead to increased regulatory requirements at the state and local level. However, the National Mining Association, which represents mining companies, and the Steel Manufacturers Association have backed the EPA's plan.

Repealing the endangerment finding would also potentially weaken a primary argument that fossil fuel producers use to fight lawsuits related to climate change. The industry has argued in court that the EPA has exclusive authority to oversee emissions that cross state lines, but if the EPA removes its own authority to regulate emissions, this could open up the potential for some lawsuits to proceed more easily.

Key Takeaways:

  • The Environmental Protection Agency's (EPA) proposal to repeal the endangerment finding that greenhouse gases endanger public health is sparking concern from business leaders and environmental groups.
  • Repealing the finding could lead to a patchwork of regulations at the state and local level, as well as costly litigation.
  • Environmental groups have promised to sue the EPA if it fulfills the proposal, which could lead to a prolonged legal battle.
  • Some companies, including oil and gas companies, are supporting the EPA's plan, while others, such as the Edison Electric Institute, are expressing concern about the potential consequences.
  • Repealing the endangerment finding could potentially weaken a primary argument that fossil fuel producers use to fight lawsuits related to climate change.
  • The EPA has received over 500,000 comments on its proposal, with about 2% of those comments having been reviewed so far by the agency.
  • The Trump administration aims to finalize the repeal before the end of the year, despite concerns from industry groups and environmental organizations.

Statistics:

  • The EPA has received over 500,000 comments on its proposal to repeal the endangerment finding, with about 2% of those comments having been reviewed so far.
  • The proposal has been met with resistance from environmental groups, which have promised to sue the EPA if it fulfills the proposal.
  • The Edison Electric Institute has expressed concern that removing the federal role in regulating greenhouse gases could lead to increased regulatory requirements at the state and local level.
  • The National Mining Association and the Steel Manufacturers Association have backed the EPA's plan to repeal the endangerment finding.
  • The EPA's proposal has sparked fear among business leaders, who are concerned about the potential consequences of repealing the endangerment finding.

Sources:

  • [Source 1: "E.P.A. to Rescind Finding on Greenhouse Gases," The New York Times, (date not specified)]
  • [Source 2: "Repealing E.P.A. Finding on Climate Could Open Up Litigation," The New York Times, (date not specified)]
  • [Source 3: Statement by Brigit Hirsch, EPA Spokeswoman, as quoted in The New York Times]
  • [Source 4: "E.P.A. Says Rescinding Finding Will 'Unlock Regulatory Clarity Like Never Before'," The New York Times, (date not specified)]
  • [Source 5: "Business Groups Weigh in on E.P.A. Plan to Rescind Finding on Greenhouse Gases", The New York Times, (date not specified)]
  • [Source 6: "Climate Contrarians' Work Downplayed Severity of Climate Change, Critics Say", The New York Times, (date not specified)]