The Endangerment Finding: It Looks Like Trump 2.0 Will Be Much More Fun Than Trump 1.0
By
Anthony Watts
January 29, 2025
FILE PHOTO: Signage is seen at the headquarters of the United States Environmental Protection Agency (EPA) in Washington, D.C., U.S., May 10, 2021. REUTERS/Andrew Kelly/File Photo
Guest essay by Francis Menton from manhattancontrarian.com
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’ll just have to start with one particular item that I am deeply familiar with: the EPA’s so-called Endangerment Finding of December 2009.
I have seen differing counts of the number of Trump’s first-day EOs. ABC News here counts 42. One of the most consequential has the title “Unleashing American Energy.” 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’s 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:
(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’s findings, “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” Final Rule, 74 FR 66496 (December 15, 2009).
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 However, if the EF is rescinded with a well-reasoned and well-supported basis, then all the other energy-related initiatives will have a far clearer path to success.
https://climaterealism.com/2025/01/the-endangerment-finding-it-looks-like-trump-2-0-will-be-much-more-fun-than-trump-1-0/