EPA drafts rule to strike down landmark climate finding: WaPo

EPA drafts rule to strike down landmark climate finding: WaPo

The Environmental Protection Agency (EPA) has proposed to rescind a 2009 legal opinion that greenhouse gas emissions put human health at risk. This "endangerment finding" has been a cornerstone of the government's efforts to combat climate change and regulate emissions under the Clean Air Act [1]. The move is part of a broader effort to reconsider environmental regulations and prioritize economic concerns.

EPA Administrator Lee Zeldin announced in March that the agency would review the endangerment finding, among other potential rollbacks [1]. The draft proposal, which is still subject to change, would eliminate all resulting limits on motor vehicle greenhouse gas emissions. This decision is based on legal arguments that the EPA does not have the basis to act on climate change under a certain section of the Clean Air Act, rather than scientific arguments about climate change [1].

The proposed repeal has drawn criticism from environmental advocates. David Doniger, a senior attorney at the Natural Resources Defense Council, argues that the claim that greenhouse gas emissions are not dangerous is contrary to the evidence [1]. Meanwhile, Thomas Pyle, president of the Institute for Energy Research, supports the review, stating that Congress never mandated the EPA to take action on the issue [1].

The endangerment finding was written in response to a 2007 Supreme Court decision that required the EPA to regulate greenhouse gases as air pollutants [1]. Richard Revesz, a law professor at New York University, believes that repealing the finding is unlikely to hold up in court but will still affect U.S. climate policy until a final judicial decision is made [1].

The EPA's move has also been linked to the Trump administration's desire to strike a balance between economic concerns and environmental protection. Jeffrey Clark, acting administrator in the Office of Information and Regulatory Affairs, has been identified as the primary architect of the proposed repeal [1].

Separately, Northern Dynasty Minerals Ltd. has resumed its legal battle against the EPA over the veto of the Pebble project, which is the largest undeveloped copper project in the world. The company is seeking a summary judgment on the legality of the EPA's 2023 veto under Section 404(c) of the Clean Water Act [2]. The market reaction to the renewed litigation has been volatile, with the company's stock experiencing significant fluctuations.

References:
[1] https://www.washingtonpost.com/climate-environment/2025/07/22/endangerment-finding-epa-climate/
[2] https://www.miningnewsnorth.com/story/2025/07/25/news/pebble-epa-talks-end-litigation-resumes/9179.html