4 Laws That Could Stymie the Trump EPA's Plan to Rescind the Endangerment Finding, Central to US Climate Policies

Strategic Insights -

The Trump administration's plan to unravel many of the nation's climate policies hinges on rescinding what's known as the endangerment finding. However, its strategy for doing that appears to run afoul of several federal laws. The endangerment finding is a 2009 determination by the Environmental Protection Agency that six greenhouse gases, including carbon dioxide, contribute to climate change and therefore pose a threat to public health and welfare. The scientific evidence of these threats has gotten stronger in the years since the endangerment finding was made.

Key Takeaways:

  • The Energy Department's report, written by a group of five individuals, cherry-picks information and misrepresents uncertainties, contradicting the rigorous requirements for federal agencies to meet for disseminating trusted scientific information.
  • The Federal Advisory Committee Act of 1972 (FACA) addresses concerns that "special interest groups" could "exercise undue influence" in promoting "their private concerns" on "matters in which they have vested interests," and the DOE's Climate Working Group was not chartered under FACA, as it requires a public process for creating and appointing groups to advise the government, proper balancing of viewpoints, and public nomination processes.
  • The Administrative Procedure Act of 1946 prohibits federal agencies from being arbitrary or inconsistent in rulemaking, and the EPA's proposal to rescind the endangerment finding and greenhouse gas vehicle standards may be subject to this law, as it requires public participation in rulemaking processes and following consistent procedures and practices.
  • The Environmental Research, Development and Demonstration Authorization Act of 1978 mandates that the EPA establish a Science Advisory Board and provide relevant scientific and technical information on proposed actions, which has not been done in this case, and the EPA dismissed all previous Science Advisory Board members without completing the selection and appointment of new members.

Statistics:

  • The DOE's report was signed by five individuals, all of whom have been outspoken critics of mainstream climate science.
  • The EPA has not yet appointed a new Science Advisory Board, despite the requirement to do so under the Environmental Research, Development and Demonstration Authorization Act of 1978.
  • The public has until September 15, 2025, to comment on the EPA's proposal to rescind the endangerment finding and greenhouse gas vehicle standards.

Sources:

  • U.S. Environmental Protection Agency (2017) - Environmental Research, Development and Demonstration Authorization Act of 1978.
  • Congressional Research Service (2020) - Federal Advisory Committee Act of 1972 (FACA) and the Department of Energy's Climate Working Group.
  • Office of Management and Budget (2020) - Guidance on Scientific Peer Review for Federal Agencies.
  • The Conversation (2025) - 4 laws that could stymie the Trump EPA's plan to rescind the endangerment finding, central to US climate policies.