In a widely expected move, the Environmental Protection Agency has announced that it is revoking an analysis of greenhouse gases that laid the foundation for regulating their emissions by cars, power plants, and industrial sources. The analysis, called an endangerment finding, was initially ordered by the US Supreme Court in 2007 and completed during the Obama administration; it has, in theory, served as the basis of all government regulations of carbon dioxide emissions since.

In practice, lawsuits and policy changes between Democratic and Republican administrations have meant it has had little impact. In fact, the first Trump administration left the endangerment finding in place, deciding it was easier to respond to it with weak regulations than it was to challenge its scientific foundations, given the strength of the evidence for human-driven climate change.

Legal tactics

The second Trump administration, however, was prepared to tackle the science head-on, gathering a group of contrarians to write a report questioning that evidence. It did not go well, either scientifically or legally.

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Following three of the warmest years on record, as scientists reckon with climate tipping points and states and cities grapple with the escalating cost of extreme weather and more intense wildfires, the Trump administration this week is expected to formally eliminate the US government’s role in controlling greenhouse gas pollution.

By revoking its 17-year-old scientific finding that greenhouse gases endanger public health and welfare, the Environmental Protection Agency will demolish the legal underpinning of its authority to act on climate change under the Clean Air Act.

EPA Administrator Lee Zeldin will be alongside President Donald Trump for an event Wednesday focused on boosting US use of coal, as mercury and air toxics standards are repealed. That is expected to be a prelude to Zeldin finalizing the endangerment finding repeal, an assignment the president handed him in an executive order signed on the first day of his second term in office.

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On Friday, a judge ruled that the Trump administration violated the law in forming its Climate Working Group, which released a report that was intended to undercut the rationale behind greenhouse gas regulations. The judge overseeing the case determined that the government tried to treat the Climate Working Group as a formal advisory body, while not having it obey many of the statutory requirements that govern such bodies.

While the Department of Energy (DOE) later disbanded the Climate Working Group in the hopes of avoiding legal scrutiny, documents obtained during the proceedings have now revealed the group's electronic communications. As such, the judge ruled that the trial itself had essentially overcome the government's illegal attempts to hide those communications.

Legal and scientific flaws

The whole saga derives from a Supreme Court Ruling that compelled the Environmental Protection Agency (EPA) to evaluate the risks posed to the US public by greenhouse gases. During the Obama administration, this resulted in an endangerment finding that created the foundation for the EPA to regulate carbon emissions under the Clean Air Act. The science underlying the endangerment finding was so solid that it was left unchallenged during the first Trump administration.

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