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Proposal to Rescind Key Climate Regulation Threatens Biden's Environmental Agenda

Lee Zeldin proposed rescinding the 2009 Endangerment Finding, a critical climate regulation. Trump's EPA is considering revoking this finding, which underpins many greenhouse gas rules, potentially dismantling the Biden administration's climate efforts.

Overview

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  • Lee Zeldin has announced a proposal to rescind the 2009 Endangerment Finding, a pivotal regulation in the ongoing climate change discourse.
  • The Endangerment Finding is crucial as it serves as the foundational basis for numerous climate regulations and rules concerning climate pollution.
  • The Environmental Protection Agency (EPA) is currently evaluating the option of revoking or entirely eliminating this significant finding.
  • Eliminating the Endangerment Finding would effectively remove the regulatory basis for many greenhouse gas regulations, significantly impacting environmental policy.
  • This potential decision by Trump's EPA would considerably accelerate efforts to dismantle the current Biden administration's climate agenda and policies.
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Analysis

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Center-leaning sources cover the EPA's proposed rollback of greenhouse gas regulations by presenting a balanced view of the policy change. They include diverse perspectives from government officials, industry, environmental groups, and experts, attributing strong opinions to sources. This approach ensures a comprehensive and objective understanding of the complex issue.

"The Trump administration has proposed curbing the government’s ability to regulate greenhouse gases by unwinding rules that control emissions from fossil fuel drilling, power plants and cars."

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"The Trump administration announced its plan today to overturn a key that underpins much of the federal government's actions to rein in climate change."

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FAQ

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The 2009 Endangerment Finding is an EPA determination that greenhouse gases released from burning fossil fuels endanger public health and welfare. It underpins the EPA's authority to regulate greenhouse gas emissions under the Clean Air Act and serves as the basis for many climate regulations.

Rescinding the Endangerment Finding would remove the regulatory authority for many greenhouse gas rules, potentially dismantling numerous climate protections and accelerating efforts to weaken the Biden administration's climate agenda.

While the EPA generally has authority to repeal regulations, repealing the Endangerment Finding would face significant procedural hurdles under the Administrative Procedure Act due to its strong scientific foundation and repeated affirmation by courts.

The scientific basis is robust, relying on extensive peer-reviewed studies and assessments from the IPCC, USGCRP, and NRC. Courts have upheld the finding despite some scientific uncertainties because the Clean Air Act requires only that the air pollution "may reasonably be anticipated to endanger" public health or welfare.

Some commentators suggest that state-level greenhouse gas regulations could increase, since federal rules relying on the Endangerment Finding currently preempt some state laws and climate-related tort suits. Without the federal finding, states might face greater legal authority and responsibility to regulate emissions.

History

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