Endangerment Finding Litigation Update
July 21, 2026/ Francis Menton
On February 13 this year, the federal EPA rescinded one of its regulatory actions known as the “Endangerment Finding.” (EF). The EF, originally adopted in 2009 early in the Obama administration, was likely the single most costly and destructive regulatory action ever to spring forth from the administrative state. The EF became the fundamental underpinning for all the subsequent regulations that sought to restrict and ultimately ban use of fossil fuels in the economy — everything from regulations seeking to force closure of power plants, to efforts to mandate only electric cars, to restrictions on drilling and pipelines, and much, much more. The Trump administration is now systematically dismantling all those regulatory wrecking balls.
But the opposition has not been idle. Once the rescission became final, the Climate Blob immediately sprang into action with a barrage of lawfare. The first litigation challenging rescission of the EF was filed in the D.C. Circuit on February 18. Over the succeeding several weeks, dozens of additional petitioners joined the fray. Since then, however, the case, although pending, has not moved quickly. I last provided an update in this post from June 8.
For discerning observers of this process, here is the key question of interest: Will the D.C. Circuit schedule this matter to move at a pace consistent with enabling final review of EPA’s action to be concluded by the Supreme Court before the end of President Trump’s term? Or, alternatively, does the D.C. Circuit intend to stall resolution of the case in order to potentially give a new Democratic administration a chance to come into office in early 2029 and do another 180 degree course reversal? At this writing, it is still too early to know fully how the D.C. Circuit will deal with this issue. However, from evidence so far, it looks like those betting the court will slow walk the case have the odds on their side.
https://www.manhattancontrarian.com/blog/2026-7-21-endangerment-finding-litigation-update
