EP 132 - The Endangerment Finding, Explained

Podcast: Environmentally Speaking Host: Marisa Desautel Guest/Co-host: Clarice Parsons In this episode of Environmentally Speaking, Marisa Desautel and Clarice Parsons unpack the federal EPA’s rescission of the 2009 “endangerment finding,” a policy determination that has shaped greenhouse gas regulation for the past 16 years. They break down what the finding is, why its rollback matters, and how recent shifts in judicial thinking about agency authority may have opened the door to broader deregulatory action. The conversation explores the legal, environmental, and practical consequences of the rescission, from weakened climate oversight to uncertainty for industries and regulators. Marisa also reflects on how state programs, corporate compliance, and everyday consumer experiences, like start-stop car technology, may be affected by changing federal policy. What the EPA’s “endangerment finding” actually is Why the February 12 rescission is such a major development How the Clean Air Act has been used to regulate greenhouse gases The legal backdrop of recent Supreme Court limits on agency power Why rescinding non-statutory policy findings may be easier than undoing formal regulations The risks of deregulation for climate policy, air quality, and public health What this could mean for future agency rollbacks beyond the EPA A real-world example: start-stop technology in newer vehicles The endangerment finding was a 2009 EPA scientific determination that greenhouse gases endanger public health and welfare, giving the agency a basis to regulate emissions from sources like cars and trucks. Because the finding was not written into statute or formalized as a regulation, Marisa explains that it may have been especially vulnerable to rescission. The episode frames the rollback as part of a broader legal and political shift, especially after recent Supreme Court decisions limiting how much discretion federal agencies can exercise without explicit statutory authority. Marisa argues that the rescission is environmentally harmful and warns that it could signal wider efforts to dismantle non-statutory federal programs across agencies. The discussion also highlights uncertainty: litigation could reverse the move, industries may face inconsistent compliance expectations, and states may need to reassess how their own programs interact with federal changes. Email: [email protected] Phone: 401-477-0023 Website: desautelbrowning.com Reference: President Trump and Administrator Zeldin Deliver Single Largest Deregulatory Action in U.S. History | US EPA