Category:EPA
Environmental Groups Challenge EPA’s Rescission of Greenhouse Gas Regulations
Climate-related regulation remains one of the most politically and legally contested areas within the federal government, with regulatory direction often shifting alongside presidential administrations. The U.S. Environmental Protection Agency (EPA) protects human health and the environment by developing and enforcing regulations based on scientific evidence. The administrator of the EPA is nominated by the President of the United States and confirmed by the U.S. Senate. As a result, the EPA’s regulatory determinations often reflect the policy beliefs and priorities of the current administration. On February 12, 2026, the EPA finalized its rescission of the endangerment finding, which served as the legal basis for regulating greenhouse gases, including greenhouse gas emissions from motor vehicles. Through its reversal, the EPA has introduced substantial regulatory uncertainty for the automotive industry and has set the stage for consequential legal, economic, and climate policy developments in the months ahead.
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 The EPA has repealed this finding.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.
The EPA Reconsiders the Greenhouse Gas Reporting Program
Amid a plethora of changes in the past eleven months, the United States Environmental Protection Agency (EPA) proposed to virtually end the Greenhouse Gas Reporting Program (GHGRP), one of their most significant tools for tracking industrial emissions. The GHGRP, 40 C.F.R. Part 98, requires industrial facilities and other major emission sources to track and report their greenhouse emissions to the EPA annually. However, under the new proposal, the reporting requirement would be halted for 46 of the 47 categories, allowing large sources across numerous industries to operate without any federal emissions reporting oversight. The potential end of the GHGRP presents numerous issues.
Supreme Court Limits EPA’s Authority in San Francisco v. EPA: A Blow to Clean Water Protections?
In a landmark decision issued on March 4, 2025, the U.S. Supreme Court ruled in City and County of San Francisco v. Environmental Protection Agency that the U.S. Environmental Protection Agency (EPA) cannot impose certain types of permit requirements on entities discharging pollutants into U.S. waters. The case, which centered on the Clean Water Act (CWA), has significant implications for how the federal government regulates water pollution and protects water quality. The decision, which saw a 5-4 vote, limits the EPA’s ability to enforce “end-result” requirements in permits, raising concerns about the future of water quality standards and environmental protection.
The Future of Clean Water Act Regulations Under the Future Trump Administration
A second Trump administration is sure to challenge a variety of clean water and drinking water regulations, as evidenced by various policies proposed by the Heritage Foundation’s Project 2025. President-elect Donald Trump has distanced himself politically from the project but it remains relevant as he continues to surround himself with many of its authors. Many water lawyers and environmental advocates thus expect a second Trump administration to continue the federal water deregulation efforts seen in his first administration. Specifically, President-elect Trump will likely challenge and potentially repeal both the Biden Administration’s “waters of the US” (WOTUS) rule and its Section 401 state certification rule. These moves are likely to be compounded by other ecological regulation rollbacks and further exacerbate an already worsening climate crisis in the United States.
How America’s Drinking Water Crisis Impacts Chicagoans
The movement to remove and replace lead pipes is nothing new in the United States. For decades, parts of the country have been working to get rid of lead pipes and replace them with alternatives that are much safer for human health. Progress, however, has generally been slow and lead pipes remain widely in use in many American cities. Earlier this month, President Biden announced the final deadline as part of the Bipartisan Infrastructure Bill, giving the whole country ten years to expedite the process of removing and replacing all lead pipes.
EPA Issued First Emergency Ban of Pesticide in 40 Years –But Why Has It Taken So Long?
On August 6, 2024, the Environmental Protection Agency (EPA) resurrected its emergency authority for the first time in more than 40 years to prohibit the use of a common herbicide, dimethyl tetrachloroterephthalate (DCPA, or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIRFA) because of the chemical’s danger to human health. The last time the EPA exercised this power was in 1979, when the EPA banned the chemical weed killer Agent Orange which was known to cause serious birth defects and used by the United States military in the Vietnam War. The EPA has since remained reluctant to classify any other herbicide chemical as an imminent risk to the public health, until last month.
Like A “Good Neighbor”: EPA Waits For U.S. Supreme Court Ruling on Rule Regulating Air Emissions Under the Clean Air Act
On February 21, 2024, the Environmental Protection Agency (EPA) argued in front of the U.S. Supreme Court, attempting to continue regulation of the “Good Neighbor” rule in eleven states. The EPA announced the final “Good Neighbor Plan” on March 15, 2023. The “Good Neighbor Plan” established under the Clean Air Act (CAA) aims at reducing emissions from upwind states that cause pollution in downwind states.