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EPA Set to Scrap 2009 Climate Endangerment Finding After OMB Review

By removing its core legal basis for curbing greenhouse gases under the Clean Air Act, the draft rule ushers in a public comment period followed by legal challenges.

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Cows graze in a field near the coal-fueled Oak Grove Power Plant on April 29, 2024 in Robertson County, Texas.
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Overview

  • The draft rule has been under interagency review at the Office of Management and Budget since June 30 and now awaits EPA Administrator Lee Zeldin’s signature.
  • It proposes to overturn the 2009 endangerment finding that underpins federal authority to regulate carbon pollution from vehicles, power plants and other sources.
  • The proposal also calls for rescinding Biden-era tailpipe emission standards designed to accelerate electric vehicle adoption.
  • The administration argues the rollback corrects regulatory overreach under the Clean Air Act and alleviates cost burdens on consumers.
  • Legal experts anticipate swift and extensive court challenges invoking the Supreme Court’s Massachusetts v. EPA decision to uphold climate safeguards.