U.S. Environmental Protection Agency announces repeal of 2009 Endangerment Finding for greenhouse gases

Key Takeaways

On February 12, the U.S. Environmental Protection Agency (EPA) announced it was repealing the 2009 Endangerment Finding, which is basis for EPA regulation of greenhouse gas (GHG) emissions under the Clean Air Act.

The repeal of the Endangerment Finding removes EPA’s authority to regulate GHG emissions on the basis that they are harmful to human health, casting doubt on current federal regulatory frameworks of GHGs. The EPA also rescinded emissions standards for a range of motor vehicles as part of its repeal of the Endangerment Finding.

What is the Endangerment Finding?

The Endangerment Finding is a 2009 EPA determination that the combined emission of six GHGs, including carbon dioxide, methane and nitrous oxide , endangers “the public health and the public welfare of current and future generations” due to their role in changing climate conditions and patterns. Under Section 202(a) of the Clean Air Act, the finding allowed EPA to regulate motor vehicles, heavy-duty engines and power plants as sources of GHG emissions. In its announcement, EPA argued that the Clean Air Act does not give the agency the authority to consider public health or welfare effects that are not closely associated with the point source of emissions. 

Additionally, the EPA announced that an immediate elimination of motor vehicle emissions standards for GHGs would accompany the repeal of the 2009 Endangerment Finding. It also clarified that the repeal of the Endangerment Finding will not immediately affect other motor vehicle emissions standards for other pollutants. 

What is the impact on counties?

As stewards with the federal government, counties strive to uphold environmental health and quality and must respond to changing and unpredictable weather patterns. Regardless of the cause of environmental changes, counties support federal programs that provide communities with opportunities to build resilience and mitigate their future impacts. 

Likewise, as stewards of local public health, counties ask EPA to carefully consider the impact of regulatory changes to motor vehicle emissions on local air quality. Under Section 209(a) of the Clean Air Act, states and local governments are generally preempted from imposing emissions standards that are stricter than the federal government’s.

What happens next?

Several states have already pledged to challenge EPA’s action in court, and the case will likely be heard by the Supreme Court before final determination on the repeal can be made. The repeal also casts doubt on other federal regulations that were predicated on the finding, including emissions regulations on power plants and other engines under the Clean Air Act. 

NACo will continue to monitor any regulatory changes made on the basis of the repeal and provide updates on any judicial actions that affect counties and local public health.