{"id":363305,"date":"2025-01-25T14:44:14","date_gmt":"2025-01-25T13:44:14","guid":{"rendered":"https:\/\/climatescience.press\/?p=363305"},"modified":"2025-01-25T14:44:16","modified_gmt":"2025-01-25T13:44:16","slug":"the-endangerment-finding-it-looks-like-trump-2-0-will-be-much-more-fun-than-trump-1-0","status":"publish","type":"post","link":"https:\/\/climatescience.press\/?p=363305","title":{"rendered":"The Endangerment Finding: It Looks Like Trump 2.0 Will Be Much More Fun Than Trump 1.0"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

From Manhattan Contrarian<\/a><\/p>\n\n\n\n

\u00a0By Francis Menton<\/a><\/p>\n\n\n\n

The first couple of days of the new Trump administration have seen the President sign a blizzard of Executive Orders. These provide more material than a humble solo blogger like myself can ever comment on comprehensively. So I\u2019ll just have to start with one particular item that I am deeply familiar with: the EPA\u2019s so-called Endangerment Finding of December 2009.<\/p>\n\n\n\n

I have seen differing counts of the number of Trump\u2019s first-day EOs. ABC News here<\/a> counts 42. One of the most consequential has the title \u201cUnleashing American Energy.\u201d<\/a> There is a large amount of important material in this EO. In overall summary, it directs the reversal of all of the Biden administration efforts to restrict and suppress the production and development of America\u2019s energy resources. But one provision, I would argue, is important above all the rest. That is Section 6(f), which directs a reconsideration of the so-called Endangerment Finding (EF) of December 2009. That provision of the EO reads as follows:<\/p>\n\n\n\n

(f)  Within 30 days of the date of this order, the Administrator of the EPA, in collaboration with the heads of any other relevant agencies, shall submit joint recommendations to the Director of OMB on the legality and continuing applicability of the Administrator\u2019s findings, \u201cEndangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,\u201d Final Rule, 74 FR 66496 (December 15, 2009).<\/em><\/p>\n\n\n\n

This provision is of overriding importance because, as long as the Endangerment Finding remains on the books, it gives a license to the courts, and to activist left-wing judges anywhere in the federal system, to enjoin and undo all the other de-regulatory efforts of this and other energy-related EOs. However, if the EF is rescinded with a well-reasoned and well-supported basis, then all the other energy-related initiatives will have a far clearer path to success.<\/p>\n\n\n\n

Background on the EF will help readers to understand its significance. Back in the early 2000s, as the climate scare was cranking up, activists got the idea of trying to get the courts to compel<\/em> EPA to regulate (and suppress) fossil fuels through getting CO2 declared a \u201cpollutant\u201d under the Clean Air Act. A group of states, led by Massachusetts and New York, petitioned EPA to declare CO2 a \u201cpollutant,\u201d which would then give EPA the ability, and arguably even the obligation, to regulate CO2. Since CO2 is an inherent product of fossil fuel combustion, \u201cregulation\u201d of CO2 emissions could include anything up to and including banning fossil fuel combustion entirely if EPA so decided. Such a ban would outlaw 80+% of the current U.S. energy system.<\/p>\n\n\n\n

Those opposing this gambit responded that the Clean Air Act was never intended to deal with CO2, which is colorless and odorless and non-toxic and is an inherent product of the large majority of energy production and consumption. But the language of the Clean Air Act, passed in 1970, was of course vague enough to give an opening. Here is the relevant language of Section 202(a)(1) of the Clean Air Act as it existed at the time the Massachusetts\/New York case made it to the Supreme Court:<\/p>\n\n\n\n

\u201cThe [EPA] Administrator shall by regulation prescribe . . . standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare \u2026 .\u201d<\/em><\/p>\n\n\n\n

Other similar provisions gave the EPA Administrator comparable authority to regulate \u201cpollutants\u201d from sources other than motor vehicles.<\/p>\n\n\n\n

So the statute defines \u201cpollutant\u201d to mean anything that, in the \u201cjudgment\u201d of the EPA Administrator, \u201cmay reasonably be anticipated to endanger public health or welfare.\u201d During the administration of George W. Bush, despite the states\u2019 petition, EPA declined to make such a finding as to CO2. So Massachusetts, New York, and co-plaintiffs sued to try to compel EPA to make that finding. In 2007, that case reached the Supreme Court. Here is the Court\u2019s Opinion<\/a>, issued under the caption Massachusetts v. EPA<\/em>. In summary, the Court ordered EPA to make a determination whether CO2 was or was not a \u201cpollutant,\u201d in the sense of constituting a \u201cdanger to public health or welfare.\u201d<\/p>\n\n\n\n

To its shame, the GW Bush people punted this determination over to the Obama administration, which then took office in 2009. The Obama people got right to work, and to no one\u2019s surprise, issued a long regulatory document in December 2009 finding that CO2 did indeed pose a danger to human health and welfare, and thus was a \u201cpollutant\u201d subject to regulation under the Clean Air Act. This is the document known as the Endangerment Finding, that is referenced and cited in Trump\u2019s EO.<\/p>\n\n\n\n

The EF then gave the Obamanauts license to go wild regulating CO2. As one extreme example, the Obama people promulgated what they called the Clean Power Plan, which, by ratcheting down allowable CO2 emissions over time, would have forced the closure of essentially all fossil fuel power plants.<\/p>\n\n\n\n

That is where things stood when the Trump 1.0 administration took office in January 2017. I and many others were hopeful that the new administration would roll back many of the destructive anti-energy policies of the Obama people, but at the same time we were wary that any de-regulatory initiatives would get blocked by the courts, using the EF as the basis. After all, if EPA had found CO2 to be a danger to human health and welfare, then how could it fail to take efforts to restrict emissions?<\/p>\n\n\n\n

As Trump took office in 2017, it was unclear to us whether the new President or his people had any concept of the drastic significance of the EF. And thus, a group known as the Concerned Household Electricity Consumers Council (CHECC) was formed to petition EPA to rescind the EF. That entity filed a Petition to EPA on January 20, 2017 \u2014 the first day of the Trump 1.0 administration. I acted as one of the lawyers for CHECC. Fundamentally, the idea was to bring this issue to the attention of the new Trump EPA and make sure that they paid attention to it. We also presented compelling scientific evidence as to why the idea that CO2 was a \u201cdanger\u201d was preposterous.<\/p>\n\n\n\n

Somewhat to our surprise, our Petition was then completely ignored. Over the course of four years, we continually tried to get information as to what was going on (with little success), and also filed seven supplements to our Petition, each bringing to bear new scientific articles or evidence making clear that CO2 was not at all a \u201cdanger\u201d to human health and welfare. But through the entirety of Trump 1.0, there was no action on this issue. On January 19, 2021 \u2014 that is, one day before leaving office \u2014 the Trump EPA denied our Petition with a one-paragraph summary dismissal. The incoming Biden administration then took another year and three months and came out with a much longer and more devious denial of our Petition in April 2022.<\/p>\n\n\n\n

Many readers here are undoubtedly familiar with the saga of our efforts after that denial. We could have just given up, but we had the idea that if we saw this through the D.C. Circuit and the Supreme Court, we might get a decision compelling a reconsideration of the EF just in time for a new Trump administration to take office. With such a decision, the Trump people could no longer ignore this issue, and would be forced to look at it. However, our efforts were unsuccessful in both the D.C. Circuit and Supreme Court. Our petition for review to the U.S. Supreme Court was denied on December 11, 2023. For those interested, here is a link<\/a> to the court dockets of the D.C. Circuit and Supreme Court for these cases.<\/p>\n\n\n\n

During the months since the recent election, I have been involved in many discussions about whether a new petition process should be started to try to get the EF rescinded this time around. And now suddenly,, upon entering office, Trump 2.0 immediately is taking on the Endangerment Finding, without any new petition getting filed at all. Hallelujah! Somebody over there must finally understand the importance of this. Maybe even the Donald himself! I would like to think that our previous efforts had something to do with educating Trump and his people, although I have no way of knowing that.<\/p>\n\n\n\n

The job of rescinding the EF does not have to be difficult. The EF itself is totally full of holes. All EPA has to do to make for a bullet-proof rescission is to cite some dozens of scientific papers in the fifteen years since the EF that collect evidence contradicting the hypothesis of catastrophic CO2-caused warming. Lots of very knowledgeable people stand ready to help, including the members of the CO2 Coalition, which is a collection of eminent scientists that consider the EF to be thoroughly flawed.<\/p>\n\n\n\n

I don\u2019t mean to be overly optimistic, but I\u2019ll make this prediction: If the EF is rescinded with a well-reasoned regulatory action, the courts will have little to no ability to stop the Trump roll-back of all the Obama\/Biden restrictions on fossil fuels and energy transition. And after four years in which essentially all of those restrictions have been undone, and in which the EPA has been swept clean of climate activists, the ability of the government ever again to try to force an unwanted energy transition will be gone for good.<\/p>\n\n\n\n

UPDATE, January 23:<\/p>\n\n\n\n

I thought it would be appropriate to add to this post a word of thanks for those who participated in our effort from 2017 to 2023 to try to get a reconsideration of the Endangerment Finding. These people and organizations included:<\/p>\n\n\n\n

(1) Jim Wallace. Jim was the lead author of several scientific papers that formed the principal basis for the challenge to the EF. The gist of these papers was that the existing empirical evidence was insufficient to conclude that greenhouse gases including CO2 had had a statistically significant impact on global temperatures, after accounting for natural factors like solar irradiation, volcanoes and ocean currents. (Note that we never argued that CO2 does not cause any warming, or that evidence disproved any relationship between CO2 and temperatures, but only that the claim that greenhouse gases including CO2 were causing dangerous warming was unproved and could not be proved with existing evidence.)<\/p>\n\n\n\n

(2) Co-authors with Jim Wallace on the scientific papers included Joseph D\u2019Aleo (of the icecap.us website), John Christy (of the University of Alabama at Huntsville), and Craig Idso (of the co2science.org) website.<\/p>\n\n\n\n

(3) Jim Wallace also became one of the members of CHECC and helped round up a motley group of co-members. Joe D\u2019Aleo also joined as a member of CHECC.<\/p>\n\n\n\n

(4) Harry MacDougald (of the law firm Caldwell, Carlson, Elliott & DeLoach in Atlanta) was my co-counsel. Harry is much more knowledgeable than I about administrative law, and he is the one who made the argument in the D.C. Circuit.<\/p>\n\n\n\n

(5) The Competitive Enterprise Institute and FAIR Energy Foundation also joined us as petitioners before EPA to seek reconsideration of the EF. FAIR also joined with us in the appeal process.<\/p>\n\n\n\n

All of the above people and organizations participated in this effort on a pro bono basis. If we have made a small contribution to rescuing the country from the Net Zero energy transition disaster, it was well worth it.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

The first couple of days of the new Trump administration have seen the President sign a blizzard of Executive Orders. These provide more material than a humble solo blogger like myself can ever comment on comprehensively. So I\u2019ll just have to start with one particular item that I am deeply familiar with: the EPA\u2019s so-called Endangerment Finding of December 2009.<\/p>\n","protected":false},"author":121246920,"featured_media":363307,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","_crdt_document":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[691829997,691818073,691827871,691832852,691831255],"class_list":{"0":"post-363305","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"category-uncategorized","8":"tag-carbon-dioxide-co","9":"tag-epa","10":"tag-executive-orders","11":"tag-obama-biden-restrictions","12":"tag-us-president-donald-trump","14":"fallback-thumbnail"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/01\/0Screenshot-2025-01-25-144325.png?fit=1199%2C901&ssl=1","jetpack_likes_enabled":true,"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/paxLW1-1wvL","jetpack-related-posts":[{"id":427384,"url":"https:\/\/climatescience.press\/?p=427384","url_meta":{"origin":363305,"position":0},"title":"Climate and Energy Experts Praise Trump\u2019s Endangerment Finding Repeal","author":"uwe.roland.gross","date":"22\/02\/2026","format":false,"excerpt":"EPA Administrator Lee Zeldin and President Trump have rescinded the greenhouse gas Endangerment Finding for vehicles.\u00a0Climate Realism\u00a0has long maintained that carbon dioxide is not a pollutant, and we applaud this decision.","rel":"","context":"In \"American Energy Institute\"","block_context":{"text":"American Energy Institute","link":"https:\/\/climatescience.press\/?tag=american-energy-institute"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/image-353.png?fit=1200%2C800&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/image-353.png?fit=1200%2C800&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/image-353.png?fit=1200%2C800&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/image-353.png?fit=1200%2C800&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/image-353.png?fit=1200%2C800&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":425995,"url":"https:\/\/climatescience.press\/?p=425995","url_meta":{"origin":363305,"position":1},"title":"Trump and Zeldin Deliver Single Largest Deregulatory Action in U.S. History","author":"uwe.roland.gross","date":"13\/02\/2026","format":false,"excerpt":"On February 12, 2026, President Donald Trump and EPA Administrator Lee Zeldin announced what they described as the single largest deregulatory action in U.S. history. 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Tune in to learn more!","rel":"","context":"In \"Advance Historic Deregulation\u2060\"","block_context":{"text":"Advance Historic Deregulation\u2060","link":"https:\/\/climatescience.press\/?tag=advance-historic-deregulation%e2%81%a0"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/0CFACT-EPA.png?fit=1200%2C675&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/0CFACT-EPA.png?fit=1200%2C675&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/0CFACT-EPA.png?fit=1200%2C675&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/0CFACT-EPA.png?fit=1200%2C675&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/0CFACT-EPA.png?fit=1200%2C675&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":426043,"url":"https:\/\/climatescience.press\/?p=426043","url_meta":{"origin":363305,"position":3},"title":"The Endangerment Finding Is Dead. Here’s Why It Matters \u2014 The Climate Realism Show\u00a0#190","author":"uwe.roland.gross","date":"13\/02\/2026","format":false,"excerpt":"The Heartland Institute\u2019s Anthony Watts, Linnea Lueken, Jim Lakely, and special guest Lois Perry will tackle this subject, plus other Crazy Climate News of the Week. Join us LIVE at 1 p.m. ET on YouTube, Rumble, X, and Facebook. Participate in the show by leaving your comments and questions in\u2026","rel":"","context":"In \"$1 Trillion\"","block_context":{"text":"$1 Trillion","link":"https:\/\/climatescience.press\/?tag=1-trillion-2"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/00Screenshot-2026-02-13-182547.png?fit=1200%2C671&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/00Screenshot-2026-02-13-182547.png?fit=1200%2C671&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/00Screenshot-2026-02-13-182547.png?fit=1200%2C671&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/00Screenshot-2026-02-13-182547.png?fit=1200%2C671&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/02\/00Screenshot-2026-02-13-182547.png?fit=1200%2C671&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":404894,"url":"https:\/\/climatescience.press\/?p=404894","url_meta":{"origin":363305,"position":4},"title":"STEVE MILLOY: Rigged Report By National Academies Aims To Thwart Trump Energy Agenda","author":"uwe.roland.gross","date":"25\/09\/2025","format":false,"excerpt":"The National Academy of Sciences just released its so-called\u00a0review\u00a0of the Trump EPA\u2019s proposal to rescind the endangerment finding for greenhouse gases. 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