What's Up With The Endangerment Finding Litigation?
June 08, 2026/ Francis Menton
Have you heard of the “Endangerment Finding” (EF)? You have if you have been reading this blog for any period of time. The 2009 EF is likely the most consequential, expensive and destructive regulatory action ever put in place by the federal bureaucracy. In that action, EPA claimed to find that carbon dioxide and several other so-called “greenhouse gases” constitute a “danger” to human health and welfare. Using the EF as the predicate, the administrative state under the Obama and Biden presidencies implemented dozens of major regulations intended to transform the entire energy sector of the U.S. economy. Obama/Biden regulations based on the EF sought, for example, to force the closure of all fossil-fuel based power plants; to end the production of internal-combustion-based cars in favor of electric cars; to restrict drilling for oil and for natural gas; to halt construction of pipelines; and many, many other such things.
The total cost was heading well into the trillions when President Trump returned to office in 2025. One of Trump’s first day Executive Orders in his second term directed all agencies to “review” and then begin to “suspend, revise, or rescind” all agency actions “identified as unduly burdensome” to U.S. energy production. EPA promptly began a lengthy regulatory process to rescind the EF. The final rule doing away with the EF became final on February 13, 2026. I had a post reporting on the rescission on February 15.
If it withstands court challenges, the rescission of the EF is a death blow against the entire and vast climate grift industry. Obviously the rescission was going to unleash a tsunami of litigation. In case you are wondering what is going on in that litigation, I spent some time today reviewing the docket, and there are several things to report. The bottom line is that the court in question — here the Court of Appeals for the DC Circuit — does not appear to be in any hurry to move things along. That is a major concern, because in my view the biggest risk to the Trump administration position is that the case does not reach decision in the Supreme Court before the end of Trump’s term.
I suppose it is good news in this instance that the relevant statutes force all the litigation challenging this regulatory action to go to one court, the DC Circuit. This is in contrast to various other litigation onslaughts against the Trump administration, where the government’s adversaries can shop around the country to find favorable District Court judges to hear the cases. (Example of this phenomenon: cases challenging immigration enforcement.). And thus, even though dozens of plaintiffs have filed cases challenging rescission of the EF, all these cases are getting consolidated, and will be heard together. Also good news is that the DC Circuit is already an appeals court, and only one level below the Supreme Court. Thus, there will not be an intervening level of appeal before the Supremes get the case.
https://www.manhattancontrarian.com/blog/2026-6-8-whats-up-with-the-endangerment-finding-litigation
