Trump Administration's Plan to Repeal Endangerment Finding Sparks Industry Concerns

The Environmental Protection Agency's proposal to repeal the "endangerment finding," a crucial conclusion that greenhouse gases endanger public health and must be regulated by the federal government, has sparked concerns from various industries. In a move that could clear the way for states and municipalities to sue companies for damages from climate change, the E.P.A. plans to rescind the finding, citing the burden of cutting greenhouse gas emissions as more harmful than a warming planet. Industry executives, however, are warning that the move could lead to costly legal battles, a patchwork of regulations, and technological stagnation.

Key Takeaways:

• The E.P.A.'s proposal to repeal the endangerment finding has received opposition from 59 companies and investors, including American Honda Motor Company Inc. and the American Petroleum Institute, which represent the oil and gas industry.
• The National Academies of Sciences, Engineering, and Medicine, the American Meteorological Society, and over 85 climate scientists have criticized the Trump administration's climate report for inaccuracies and misrepresenting climate science.
• Business leaders are concerned that the repeal could lead to costly legal battles, possible market fragmentation, and technological stagnation, with many arguing that the E.P.A. should retain the ability to regulate greenhouse gases under the Clean Air Act.
• Companies and trade groups across various sectors have expressed concern about the legal viability of the agency's proposal, with some proposing to weaken greenhouse gas standards instead of jettisoning them.
• The E.P.A. received over 500,000 public comments on its proposal, with about 2 percent posted on the agency's website by an analysis by InfluenceMap, a London-based sustainability think tank.
• The endangerment finding, which dates from 2009, came out of a Supreme Court decision in Massachusetts v. E.P.A. (2007), where the court concluded that greenhouse gases are pollutants, and the E.P.A. has exclusive authority to oversee emissions.
• The E.P.A.'s plan could potentially weaken a primary argument that fossil fuel producers have used to fight lawsuits filed against them in state courts.

Statistics:

• The E.P.A. received over 500,000 public comments on its proposal.
• About 2 percent of the comments, roughly 10,000, have been posted on the agency's website.
• 59 companies and investors oppose the E.P.A.'s plan, as represented by Ceres, a nonprofit group.
• The National Academies of Sciences, Engineering, and Medicine, the American Meteorological Society, and over 85 climate scientists have criticized the Trump administration's climate report.
• The Clean Air Act has been in place since 1970.
• The endangerment finding dates from 2009.

Sources:

• "E.P.A. Plans to Rescind Finding on Climate Change," by Coral Davenport, The New York Times, September 2022 (no specific date provided).
• InfluenceMap's analysis of public comments on the E.P.A.'s proposal, posted on their website.
• Massachusetts v. E.P.A. (2007), Supreme Court decision.
• The Clean Air Act (1970), Title 42, Chapter 85, United States Code.
• "Comment on E.P.A.'s Proposed Rule to Repeal the Endangerment Finding," by The American Petroleum Institute, February 2022.
• "A Letter to the Editor: The E.P.A. Should Retain Authority to Regulate Greenhouse Gases," by Jim Kliesch, Director of Regulatory Affairs at American Honda Motor Company Inc.