The Biden administration is revisiting the Endangerment Finding, a critical regulation established in 2009 under former President Barack Obama’s Environmental Protection Agency (EPA), which allows for the regulation of greenhouse gases in the interest of public health and the environment. This review may potentially lead to significant changes in climate policies that have been in place for years.
The Endangerment Finding has faced considerable scrutiny from energy policy experts, who argue that the regulation has resulted in stringent and costly energy rules. Critics such as Mandy Gunasekara, a former EPA Chief of Staff under the Trump administration, emphasize that the Finding was rooted in selectively chosen data that favored certain political interests and has led to increased energy costs and job losses, as well as the closure of numerous coal power plants across the United States. Experts warn that the continued reliance on intermittent energy sources like wind and solar could strain the electrical grid, leading to a rise in blackout risks.
The EPA has indicated that it is formally reconsidering the Endangerment Finding, in cooperation with the Office of Management and Budget (OMB). A representative stated that a proposal regarding its review is expected to be made public following the completion of interagency reviews.
This regulatory framework was initially supported by a 2007 Supreme Court ruling in Massachusetts vs. EPA, which established that greenhouse gases could be classified as air pollutants under the Clean Air Act. However, critics contend that the foundational science for this ruling is outdated and lacks a comprehensive understanding of the benefits that carbon dioxide can bring.
With voices from across the energy sector, including scientists and energy policy experts, underscoring the need to base decisions on contemporary scientific evidence, there is a growing consensus that the Endangerment Finding may no longer serve its intended purpose effectively. The debate continues as the EPA navigates the process of potentially rolling back this significant climate regulation, with hopes for a more balanced approach to energy policy that considers both environmental concerns and energy reliability.
This development highlights the ongoing conflict in U.S. energy policy, focusing on finding a better balance that may lead to a more sustainable future while also considering the economic implications of stringent regulations.