Two Penn legal experts discuss the strategy behind EPA’s rescission of the Endangerment Finding and the court challenges ahead.
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On February 12, the U.S. Environmental Protection Agency formally rescinded the endangerment finding, the 2009 determination that established the legal basis for federal regulation of greenhouse gas emissions. For 16 years, that finding has underpinned EPA climate policy, reflecting the agency’s conclusion that greenhouse gases pose a threat to human health and that, under the law, it was required to regulate them.
The move represents a major shift in federal climate policy. But agencies cannot simply reverse themselves without making a legal case that can withstand court review. Cary Coglianese of the University of Pennsylvania Carey Law School and Shelley Welton of the Kleinman Center and Penn Carey Law examine the legal rationale behind the rescission and how it draws on recent Supreme Court decisions that have narrowed federal agency authority.
Rather than disputing climate science, the EPA’s argument rests on a more limited reading of its powers under the Clean Air Act. Welton and Coglianese explain how that argument fits within the Court’s evolving approach to administrative power, and what it could mean for the future of federal climate regulation.
Cary Coglianese is Director of the Penn Program on Regulation at the University of Pennsylvania Carey Law School.
Shelley Welton is Presidential Distinguished Professor of Law and Energy Policy with the Kleinman Center and Penn Carey Law.
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Energy Policy Now is produced by The Kleinman Center for Energy Policy at the University of Pennsylvania. For all things energy policy, visit kleinmanenergy.upenn.edu.
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