At issue is the EPA’s 2009 conclusion that carbon dioxide, methane and four other greenhouse gases threaten the public health and welfare of current and future generations. The EPA was effectively compelled to assess the matter after the Supreme Court in 2007 affirmed the agency’s authority to regulate greenhouse gases as air pollutants under the Clean Air Act. At that point, it was up to the EPA to determine whether greenhouse gases constituted a threat that should be regulated.But critics argue Congress designed the Clean Air Act to regulate localized pollutants, not those with widespread, global effects, and some have been pushing for repeal of the endangerment finding ever since. A policy blueprint drafted by conservative groups and Trump loyalists known as Project 2025 recommended addressing the endangerment finding.A reversal generally would require the EPA to gather fresh evidence to support an opposing conclusion: that greenhouse gases aren’t a threat at all. Environmentalists argue that would fly in the face of a growing scientific body of evidence that greenhouse gas emissions are the primary driver of climate change.“There is a lot of shocking stuff happening now, but to completely deny climate change and any federal obligation to control the pollution that’s driving it would be shocking and irresponsible,” said David Doniger, senior attorney with the Natural Resources Defense Council.
Environmental advocates contend it also would be illegal.
“Climate pollution is air pollution, and it is fueling a crisis,” said Margie Alt, director of the Climate Action Campaign. “There is no scientific basis – none – to claim otherwise.”