According to EPA statistics, the U.S. vehicle sector produces enough emissions annually that, if it were a separate country, it would be the fifth-largest source of greenhouse gases in the world. [1] For nearly two decades, the EPA’s 2009 Endangerment Finding has served as the legal and scientific foundation for regulating these emissions through the Clean Air Act. However, under the second Trump Administration, the agency has recently reversed course, rescinding the Endangerment Finding, directly contradicting its own data, and allowing these emissions to continue unchecked. In light of this stark departure from the scientific consensus and past regulatory practice, this article will evaluate the merits of the legal reasoning the EPA used to rescind the Endangerment Finding. It argues that the EPA’s final rule raises serious questions about consistency with statutory text in the Clean Air Act, divergence from established legal precedent, and disregard for scientific evidence supporting greenhouse gas regulations. Moreover, if the EPA rule is brought to the Supreme Court, the rescission would likely face significant legal challenges, even against the current conservative-majority Court.
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