USA to Rescind Obama-Era "Endangerment Finding" Regulations

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At an auto dealership in Indiana, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin released the agency’s proposal to rescind the 2009 Endangerment Finding, which has been used to justify over $1 trillion in regulations, including the Biden-Harris Administration’s electric vehicle (EV) mandate. If finalized, the proposal would repeal all resulting greenhouse gas emissions regulations for motor vehicles and engines.

Brief History:

Congress tasked EPA under Section 202(a) of the Clean Air Act with prescribing emission standards for new motor vehicles and engines when the Administrator determines that emissions of an air pollutant from any class of vehicles causes or contributes to air pollution that endangers public health or welfare. But the Obama Administration ignored Congress’ clear intent, slicing and dicing the language of the statute to make an “endangerment finding” totally separate from any actual rule setting standards for emissions from cars. 

In an unprecedented move, the Obama EPA found that carbon dioxide emissions emitted from automobiles – in combination with five other gases, some of which vehicles don’t even emit – contributes some unspecified amount to climate change, which in turn creates some unspecified amount of endangerment to human health and welfare. These mental leaps were admittedly novel, but they were the only way the Obama-Biden Administration could access EPA’s authority to regulate under Section 202(a).  

Likewise, the Obama EPA did not consider any aspect of the regulations that would flow from the Endangerment Finding. EPA subsequently relied on the Endangerment Finding to underpin seven vehicle regulations with an aggregate cost of more than $1 trillion. The Endangerment Finding has also played a significant role in EPA’s justification of regulations of other sources beyond cars and trucks, resulting in additional costly burdens on American families and businesses. 

EPA

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