EPA’s Endangerment Finding Alterations May Trigger Litigation Wave

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Matthew Morrison, an Environmental and Natural Resources partner at Pillsbury, said that even if the endangerment finding was rescinded, the EPA would still have the authority to regulate greenhouse gases, due to changes made to the Clean Air Act in the Inflation Reduction Act of 2022. If the EPA were to pull the endangerment finding, it would lead to regulatory confusion and force the responsibility of regulating greenhouse gases onto the states. Morrison suggests that this patchwork approach would complicate compliance strategies for companies working on this global issue.

Matthew Morrison on the Amendments to Clean Air Act by the Inflation Reduction Act

Matthew Morrison, a partner specializing in Environmental and Natural Resources at Pillsbury Law and a former member of the EPA’s legal team, discussed the 2022 amendments to the Clean Air Act under the Inflation Reduction Act. He emphasized how these changes bolstered statutory support for regulations arising from the endangerment finding.

“Even if the endangerment finding was repealed, the EPA would still hold the power to regulate greenhouse gases due to alterations in the Inflation Reduction Act. This Act has redefined greenhouse gases as air pollutants within the context of the Clean Air Act,” stated Morrison.

Morrison, along with other practitioners, pointed out various strategies that the EPA could adopt to address the endangerment finding.

EPA’s Options to Address Endangerment Finding and Industry Support

“If the administration wishes to push against greenhouse gas regulation, it could start a notice and comment rulemaking process on the endangerment finding,” Morrison suggested. “However, they might be taken aback by the industry support that the endangerment finding and its technical basis receives.”

Potential Consequences of Rescinding the Endangerment Finding

Rescinding the endangerment finding could introduce a wave of uncertainty. Morrison warned that it would cause regulatory confusion and delegate the task of regulating greenhouse gases back to individual states.

“In that context, the endangerment finding wouldn’t disappear – it would simply initiate a fragmented approach to a problem that is both national and global. This could significantly complicate compliance strategies for companies striving to combat this critical issue for years,” he concluded.

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