On Feb 12, 2026, President Trump and Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the repeal of the endangerment finding that gave EPA the authority to treat greenhouse gas emissions as air pollutants under the Clean Air Act. The repeal followed an EPA rulemaking process that began in July 2025 and included a 90-day public comment period. The action was highly anticipated based on information in Project 2025 and efforts during Trump’s first administration to reduce or eliminate initiatives that address climate change.
Under the Clean Air Act, the EPA is obligated to regulate substances that “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” This authority was upheld by the U.S. Supreme Court in Massachusetts vs. EPA in 2007.
The endangerment finding is a determination by the National Academy of Sciences, Engineering and Medicine and the scientific community that greenhouse gases can adversely impact public health when released into the atmosphere in sufficient quantities. In response to the endangerment finding, the EPA completed a rulemaking process in 2009 and established regulations for six greenhouse gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride that threaten public health and welfare.
Repeal of the endangerment finding affects regulations on vehicle emissions, but environmental groups anticipate further action to repeal regulations for stationary sources. The repeal of 16-year-old regulations that serve to protect individuals with asthma or other respiratory disorders is a big deal. The decision was based on the economic impact of emissions regulations on automobile and fossil fuel industries and ignored scientific evidence of the impact on public health. The change leaves little to no incentive for automakers to pursue alternatives to fossil fuel-powered vehicles. Lawsuits challenging the administration’s decision are expected, and legal arguments are likely to make it to the Supreme Court.
As with any change in regulations, many questions remain unanswered including: (1) How will repeal of the endangerment finding and associated regulations affect environmental impact analysis for proposed actions and alternatives? (2) How will the decision affect state and local regulations? (3) How will emissions that drift across state lines be addressed?
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