Science Friday EPA Rescinds The Legal Basis For Regulating Greenhouse Gases
Feb 26, 2026
Dr. Andy Miller, a former EPA scientist with 30+ years on air pollution and climate change and an original author of the 2009 endangerment finding. He explains why that finding mattered legally for regulating greenhouse gases. He recounts its creation, reactions to its rescission, the legal rationale used, and how science and law intersect in this fight.
AI Snips
Chapters
Transcript
Episode notes
Endangerment Finding Is The Legal Basis For Regulation
- The endangerment finding legally defined greenhouse gases as air pollutants, forcing EPA to regulate them under the Clean Air Act.
- Andy Miller explains this 2009 finding is the basis for regulatory programs and obligated EPA to act after Massachusetts v. EPA triggered the rulemaking.
OMB Ignored The Endangerment Email
- The 2009 rulemaking followed standard internal reviews but was delayed when the Office of Management and Budget refused to open the administrator's email late in the Bush administration.
- Andy Miller recounts the email being intentionally ignored until the Obama administration completed the process in 2009.
Finding Enabled Vehicle Rules Without Congress
- The finding immediately enabled vehicle emissions rules, allowing EPA to set standards without waiting for Congress.
- Miller notes vehicle regulations were the big impact while power plant rules codified an ongoing shift from coal to gas and renewables.