On February 12th, the Trump administration announced the repeal of the 2009 endangerment finding that had deemed carbon dioxide (CO2) a pollutant harmful to human health.
Environmental Protection Agency (EPA) Administrator Lee Zeldin called this action the single biggest deregulatory action ever taken by an American administration, tantamount to $1.3 trillion in savings for the taxpayer.
Al Gore and former President Barack Obama decried the move and accused the Trump administration of inviting a future climate crisis.
What is the Endangerment Finding?
The 2009 endangerment finding is a result of the 2007 Supreme Court decision, Massachusetts v. EPA, that ruled CO2, a greenhouse gas, is a pollutant that’s harmful to human health under 202(a) of the Clean Air Act and can be regulated by the EPA. The Obama Environmental Protection Agency (EPA) then used this ruling to regulate greenhouse gas emissions (GHG) from gas-powered cars. Using this guidance, the Biden administration went into overdrive to phase out gas-powered cars and force a transition to 100% electric vehicles.
As Independent Women noted in a public comment in support of this rule’s repeal last year:
The 2009 EPA rule deemed greenhouse gases, including carbon dioxide (CO2), “threaten the public health and welfare of current and future generations.” CO2, however, is only 0.04% of the atmosphere and is also an essential plant food. As a result, Democratic administrations have misinterpreted this ruling to impose their radical net-zero climate policies that lead to higher energy costs and reduce quality of life without producing any measurable environmental benefit. The endangerment findings’ far-reaching effects resulted in a forced transition to unreliable solar and wind through measures like electric vehicle (EV) mandates and power plant closures.
Under the Clean Air Act, however, carbon dioxide isn’t currently listed as a criteria air pollutant. Those listed include: carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide.
Congress — Not the EPA — Can Amend the Clean Air Act
Since Congress never explicitly amended the CAA to reflect this, the EPA’s rulemaking powers were legally challenged. The 2022 Supreme Court ruling in West Virginia v. EPA held that the EPA must have clear congressional authorization to implement regulations of major economic and political significance under the “major questions” doctrine. A follow-up ruling, Loper Bright Enterprises v. Raimondo, overturned the Chevron doctrine, a 40-year standard under which courts deferred to agencies’ interpretations of ambiguous statutes. The Court held that courts, rather than agencies, must independently interpret federal statutes, while agencies retain authority to issue rules within powers delegated by Congress. These rulings underscore that only Congress, not the EPA, can amend the CAA, while the EPA may issue regulations only within the authority Congress has delegated.
Meteorologist and former Trump administration NOAA official, Ryan Maue, added that the endangerment finding was an administrative decision and not a scientific finding. Therefore, the endangerment finding repeal allows Congress to reassert itself in the rulemaking process and decide whether or not to regulate CO2 as a pollutant in the future.
Shortly after the announcement, Congressman Dan Crenshaw teased he’s working on legislation to codify the Trump administration’s endangerment finding repeal.
Emissions Can Decrease Without Climate Regulations
Defenders of the endangerment finding accused the Trump administration of inviting more pollution and harm to the environment. But the regulation, like other climate policies, has had little impact on overall emissions reductions.
Axios reported that carbon emissions will continue to decrease even in the absence of the endangerment finding, largely due to clean natural gas.
The Washington Post editorial board hailed the move, stating that innovation, not overregulation, is what led to emissions reductions: “The U.S. share of global greenhouse gas emissions has been trending downward since the end of World War II, and the 2009 policy change didn’t meaningfully alter its trajectory. The recent decline has been driven by the embrace of natural gas and renewables, which lower electricity prices when adopted for economic reasons rather than because of government mandates.”
Energy deregulation is not at odds with conservation of the environment. A June 2025 Pew Research Center survey found that a majority of Americans (54%) believe the government can get rid of certain onerous environmental regulations while maintaining clean air, water, and lands.
Our Center applauds the Trump administration for pursuing this policy change and depoliticizing climate issues.
To learn more about the endangerment finding repeal, go HERE.