Burn, Baby, Burn: EPA Moves to Dismantle the Legal Backbone of U.S. Climate Policy

WASHINGTON — February 10, 2026

The Trump administration is set to formally revoke the 2009 Endangerment Finding, the scientific determination that greenhouse gases endanger public health and welfare.

The Environmental Protection Agency is expected to finalize the rescission this week during a White House ceremony led by President Donald Trump and EPA Administrator Lee Zeldin, according to administration officials.

The 2009 finding serves as the legal foundation for federal greenhouse gas regulation under the Clean Air Act. It was issued following the Supreme Court’s 2007 decision in Massachusetts v. EPA, which held that greenhouse gases qualify as air pollutants under federal law.

Rescinding the finding would remove the statutory basis for regulating carbon dioxide emissions under existing Clean Air Act authority.

Scope of Impact

Global annual CO₂ emissions total approximately 37 gigatons (Gt) from fossil fuels and industry, approaching 40 Gt when land use change is included.

The United States emits approximately 5.5–6.0 Gt annually, representing 14–16% of total global emissions.

The Endangerment Finding underpins federal regulatory authority affecting more than half of those emissions.

Transportation Sector

• ~1.9 Gt CO₂ annually
• ~28–30% of U.S. emissions
• ~5% of global emissions

Federal motor vehicle carbon standards derive directly from the Endangerment Finding.

Power Generation Sector

• ~1.6 Gt CO₂ annually
• ~25% of U.S. emissions
• ~4% of global emissions

Federal carbon performance standards for electricity generation rest on the same authority.

Industrial and Large Stationary Sources

• ~1.4 Gt CO₂ annually

Greenhouse gas designation as a regulated pollutant triggers permitting, reporting, and compliance obligations for major emitters.

Total Regulatory Exposure

In total, the Endangerment Finding supports regulatory authority touching approximately 3.5 gigatons of annual U.S. emissions, equivalent to 9–10% of total global CO₂ output.

For comparison:
• European Union: ~2.7–3.0 Gt annually
• India: ~2.7–3.2 Gt annually
• Japan: ~1.0 Gt annually

U.S. transportation emissions alone exceed Japan’s total national output.

What This Means

The Endangerment Finding is the legal backbone of federal climate regulation. Its rescission would represent the most sweeping deregulatory action affecting greenhouse gas policy since the Clean Air Act was interpreted to apply to carbon dioxide.

Legal challenges are expected immediately following formal publication of the final rule.

The move marks a structural shift in U.S. climate governance, with implications extending across transportation, electricity generation, heavy industry, and international emissions positioning.