WASHINGTON D.C. (KEYT) – On Thursday, the Trump Administration formally announced the removal of a 2009 Environmental Protection Agency (EPA) rule concluding that greenhouse gas emissions endanger public health.
The rule, also known as the endangerment finding, was the basis of the statutory authority of greenhouse gas emissions standards nationwide and removes current greenhouse gas emissions standards for light-, medium-, and heavy-duty vehicles as well as heavy-duty engines.
"Within 30 days of the date of this order, the Administrator of the EPA, in collaboration with the heads of any other relevant agencies, shall submit joint recommendations to the Director of OMB [Office of Management and Budget] on the legality and continuing applicability of the Administrator’s findings, “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” Final Rule, 74 FR 66496 (December 15, 2009)," stated an executive order signed by President Trump on Jan. 20, 2025.
Section 202(a) of the Clean Air Act empowers the EPA to set national emissions standards for new motorized vehicles and engines stating, "The [EPA] Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare."
In 2007, the Supreme Court ruled in Massachusetts v. EPA that greenhouse gas emissions are air pollutants within the language of the Clean Air Act and in 2012, the U.S. Court of Appeals for the District of Columbia upheld the ruling.
In December of 2009, the Administrator of the EPA certified that concentrations of six greenhouse gases -carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride- threatened public health.
That finding was a prerequisite for implementing national emissions standards for new vehicles beginning in 2010.
"This determination had no basis in fact whatsoever," argued President Trump when announcing the revocation of the finding on Thursday. "On the contrary, over the generations, fossil fuels have saved millions of lives and lifted billions of people out of poverty all over the world."
Thursday's announced changes to national emissions standards comes on the heels of last years actions by the Trump Administration to prevent states such as California to set higher standards.
Section 209 of the Clean Air Act allows states to request a waiver of the federal preemption the federal law created concerning vehicle emissions standards.
Waivers for vehicle emissions standards must be submitted and approved by the EPA before state-specific standards can be enforced.
Last year, California was denied waivers to have higher emissions standards than established by the federal government after using the same process previously to receive over 100 waivers.
According to Senator Padilla's Office, none of California's previous waivers were ever been submitted to Congress the way required last year since the waiver authority was established in 1967.
"Clean air didn’t used to be political. In fact, we can thank Ronald Reagan and Richard Nixon for our decades-old authority to clean our air," noted California's Governor Gavin Newsom at the time. "Our vehicles program helps clean the air for all Californians, and we’ll continue defending it."
California's emissions standards have a national impact. As of 2025, 17 states and Washington D.C. have adopted the golden state's emissions standards in their respective jurisdictions.
"Congress put California’s ability to set vehicle emissions standards in the Clean Air Act, which has already protected generations of Americans from fossil fuel emissions," explained Senator Whitehouse of Rhode Island, the Ranking Member of the Environment and Public Works Committee in April of last year. "The lie about ‘cooperative federalism’ as the model for EPA to follow is laid bare when environmental regulatory and enforcement authority of the states is stronger than federal requirements. Here, the Clean Air Act provides California the authority to set more stringent vehicle emission standards, and [Environmental Protection Agency] Administrator Zeldin pulled out all the stops to attack that authority despite decades of practice and precedent."
In February of last year, EPA Administrator Zeldin explained that more stringent emissions standards intended to protect public health would increase the cost of vehicles and announced his "Powering the Great American Comeback" initiative that intended to balance the statutory mission of the EPA with plans to energize the nation's economy.
"[T]he Trump EPA is proposing to end sixteen years of uncertainty for automakers and American consumers," said EPA Administrator Lee Zeldin in July of last year. "[R]escinding the Endangerment Finding and resulting regulations would end $1 trillion or more in hidden taxes on American businesses and families."
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