EPA releases proposal to repeal 2009 greenhouse gas endangerment finding

Key Takeaways

UPDATE: 

On August 15, Environmental Protection Agency (EPA) published an extension in the Federal Register for the comment period for the proposed rule to repeal the 2009 endangerment finding. The deadline to submit public comments has been extended to September 22, 2025. See the notice here. 

On July 29, the Environmental Protection Agency (EPA) released a proposal to rescind the 2009 endangerment finding. Following the announcement from EPA Administrator Lee Zeldin, the U.S. Department of Energy (DOE) published a supporting report—A Critical Review of Impacts of Greenhouse Gas Emissions on the U.S. Climate.  

What is the endangerment finding?  

The endangerment finding, issued in 2009 under the Obama Administration, determined that six greenhouse gases—including carbon dioxide and methane—pose a threat to public health and welfare. This finding served as the legal foundation for many of the EPA’s climate-related regulations, including standards for vehicle emissions and limits on fossil fuel production.

The newly released DOE report suggests that warming driven by carbon dioxide (CO₂) may be less economically harmful than previously thought. It also raises concerns that aggressive mitigation strategies could unintentionally cause more harm.

U.S. Energy Secretary Christopher Wright stated in the report:

“Climate change is real, and it deserves attention. But it is not the greatest threat facing humanity. That distinction belongs to global energy poverty. As someone who values data, I know that improving the human condition depends on expanding access to reliable, affordable energy.”  

Read the Report Here

The DOE and EPA are inviting public feedback on the report. A notice of availability and invitation for public comment have been published in the Federal Register. Public comments must be submitted by September 15, 2025. To learn more, click here. 

County impact

The repeal of the 2009 endangerment finding may create uncertainty for counties navigating current climate regulations and environmental protections. Counties remain committed to working with federal and state partners to advance efforts that improve air quality, reduce pollution and safeguard public health.

NACo will continue to engage with the EPA and DOE to ensure counties remain essential stakeholders in evolving regulatory and policy frameworks. Counties are encouraged to share feedback with NACo on how these developments may affect their communities to help inform national advocacy efforts.