The Removal of the Endangerment Finding and its Aftershocks
The endangerment finding (EF) is the bedrock of environmental regulation within the United States. Founded on the basis of the the ruling in Massachusetts v. EPA, the Environmental Protection Agency (EPA) issued the “endangerment finding,” which declares two things. First, that greenhouse gases threaten the public health and welfare of current and future generations. Second, that the combined emissions of the greenhouse gases from motor vehicles contributes to overall greenhouse gas pollution, which in turn also threatens public health and welfare. This was the case. The EPA has repealed this finding. Now, the EPA lacks statutory authority under Section (a)(1) of the Clean Air Act (CAA), to regulate greenhouse gas (GHG) emissions standards for motor vehicles and other industries. Now, the EPA is no longer legally required to regulate pollutants such as GHGs. There is no longer any federal legal foundation to regulate vehicle, industrial or power plant emissions.