Han Liqun: U.S. Climate Policy in Total Regression

TL/DR –

The US Environmental Protection Agency’s (EPA) “endangerment finding” on greenhouse gases, a core part of the government’s climate policy, has been formally revoked, a move that will significantly hinder the regulation of domestic emissions. The revocation process was initiated on President Donald Trump’s first day in office in 2025, culminating in the EPA issuing its final report withdrawing the previous findings in February. With the revocation, the EPA will abolish federal greenhouse gas emission standards for vehicles and determined that the Clean Air Act does not confer statutory authority to set such standards.

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US Climate Policy Undergoes Significant Shift as Greenhouse Gas “Endangerment Finding” is Overturned

The decision by the U.S. Environmental Protection Agency (EPA) to officially revoke its 2009 “endangerment finding” on greenhouse gases, under the direction of President Donald Trump and EPA Administrator Lee Zeldin, will have a significant impact on America’s climate policy. This revocation, announced in February, disrupts federal climate policy by undercutting efforts to regulate emissions.

With this decision, the structure of national climate policy has been drastically altered. The remaining support for this policy now falls on subnational measures, weaker fiscal tools, and what remains of other fragmented mechanisms. While the scientific consensus on climate change remains unchanged, U.S. climate policies and actions against global warming have been effectively reversed. This situation signifies a comprehensive and rapid reversal of America’s approach to climate change.

Understanding the Endangerment Finding

The EPA’s endangerment finding, issued in 2009, resulted from a 2007 U.S. Supreme Court ruling in the Massachusetts v. EPA case. This ruling determined that greenhouse gases were air pollutants under the Clean Air Act and the EPA had the authority to regulate them if they pose a threat to public health or welfare. The endangerment finding confirmed that six greenhouse gases, including carbon dioxide and methane, contribute to climate change and pose a threat to the health of present and future American generations. The finding provided a legal foundation for the regulation of emissions from various sources, including motor vehicles, power plants, and industrial facilities.

The Revocation Process

The revocation process began on the first day of the Trump administration. The President signed Executive Order 14154, titled “Unleashing American Energy,” on January 20, 2025. This order instructed the EPA to review the legality and soundness of the endangerment finding within 30 days. By March 2025, the EPA began reassessing the finding, and by July, it had proposed its revocation and started soliciting public comments. Finally, on February 12, the EPA issued its final report withdrawing the previous findings. The Trump administration justified this process by arguing that rule-making by an executive agency oversteps its authority, and that the regulation of greenhouse gas emissions should be the domain of congressional legislation. In addition, Trump has long maintained that climate change is a “hoax” that threatens American national strength and public interests.

The Implications of the Revocation

The EPA has described this decision as “the largest deregulatory action in American history.” With the revocation of the endangerment finding, numerous federal regulations that depended on it have been rescinded. The EPA will no longer enforce federal greenhouse gas emission standards for vehicles, thereby removing mandatory efficiency improvements for automakers. The agency has also determined that the Clean Air Act does not provide statutory authority to set these standards. These actions counter the precedent and consensus of the majority of global governments, who typically impose mandatory vehicle emission regulations.

A Retreat from Climate Policy

The revocation of the endangerment finding is just one part of a wider retreat from climate policy under the Trump administration. Since taking office, the administration has actively tried to dismantle the climate governance framework installed during the Obama and Biden eras. Other measures include another withdrawal from the Paris Agreement, the repeal of the electric vehicle mandate, the freezing and rescission of remaining Inflation Reduction Act funds, and the removal of the ban on LNG exports.

Looking Forward: The Future of U.S. Climate Policy

Currently, the U.S. no longer holds international emission reduction commitments, and domestic climate governance now largely relies on subnational actors. The Climate Alliance, a coalition of over 20 states led by California, continues to enforce its own emission standards. Additionally, the future of U.S. domestic climate policy will depend heavily on political negotiations. For instance, certain fiscal incentives remain in effect because some GOP lawmakers, representing districts where manufacturing facilities and investments under the Inflation Reduction Act are located, oppose the complete elimination of these tax credits.

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