EPA Will Revoke 'Endangerment Finding' That Underpins All Climate Regulation This Week

Why It Matters

Eliminating the endangerment finding could dismantle decades of emissions standards, reshaping the regulatory landscape for energy and transportation. The shift signals a profound policy reversal that may accelerate fossil‑fuel investment while raising legal and climate‑risk concerns.

Key Takeaways

• EPA seeks to rescind 2009 endangerment finding.
• Revocation would strip EPA authority over vehicle emissions.
• Fossil fuel industry stands to gain regulatory relief.
• Legal challenges expected from environmental groups.
• Supreme Court upheld finding in 2007 decision.

Pulse Analysis

The 2009 endangerment finding, born out of the Obama administration’s response to the Supreme Court’s *Massachusetts v. EPA* decision, provided the scientific basis for the Clean Air Act’s greenhouse‑gas provisions. By affirming that carbon dioxide and other gases endanger public health, it unlocked a cascade of rules targeting power plants, automobiles, and industrial sources. Over the past decade, those regulations have driven emissions down while spurring innovation in cleaner technologies, establishing the United States as a leader in climate policy.

Trump’s push to revoke the finding marks a stark departure from that trajectory, aligning regulatory authority with the fossil‑fuel lobby’s long‑standing agenda. Without the scientific footing of the endangerment finding, the EPA would lose statutory leverage to set vehicle mileage standards and power‑plant limits, potentially reopening markets to higher‑emission technologies. The immediate effect could be a surge in domestic oil and gas production as companies anticipate fewer compliance costs, while investors may re‑price risk in sectors tied to carbon‑intensive assets.

However, the legal landscape suggests the revocation will face formidable hurdles. Courts have repeatedly upheld the finding, and the Supreme Court declined to review a 2023 challenge, reinforcing its durability. Environmental NGOs are poised to sue, arguing that the EPA is overstepping its statutory mandate. Even if the rule survives, the broader market may react cautiously, with insurers, lenders, and ESG‑focused investors scrutinizing the policy shift’s long‑term climate risk. The episode underscores how regulatory science and political will intersect to shape the future of U.S. emissions policy.

EPA will revoke 'endangerment finding' that underpins all climate regulation this week

Published Tue, Feb 10 2026 10:41 AM EST · By Garrett Downs

Key Points

• The Environmental Protection Agency moved to revoke the 2009 endangerment finding, which determined greenhouse gases pose a risk to public health and undergirds federal climate regulations.

• The move is a major boon for the fossil‑fuel industry, which for years has opposed regulations on greenhouse gases.

• It also represents the Trump administration’s most aggressive action against fighting climate change.

The sun sets behind burning gas flares at the Dora (Daura) Oil Refinery Complex in Baghdad on December 22 2024.

Ahmad Al‑rubaye | AFP | Getty Images

The Environmental Protection Agency moved to finalize the revocation of a critical scientific finding that undergirds the U.S. government’s climate regulations and its ability to regulate greenhouse gases, the agency told CNBC.

The EPA took a key step to ax the 2009 “endangerment finding” over the weekend by submitting the proposed rule to the Office of Management and Budget, the EPA press office told CNBC. The agency initially proposed rescinding it in July last year.

“This week at the White House, President Trump will be taking the most significant deregulatory actions in history to further unleash American energy dominance and drive down costs,” White House spokeswoman Karoline Leavitt said in an email to CNBC.

The revocation of the endangerment finding would represent the Trump administration’s biggest broadside yet against efforts to combat climate change and would be a boon for the fossil‑fuel industry that has fought against climate regulations for years. The endangerment finding determined that greenhouse gases pose a risk to public health and welfare, giving the EPA authority to regulate them.

Effectively, the EPA’s move would immediately wipe away regulations on emissions from the country’s highest‑polluting sector in transportation.

Rescinding the endangerment finding, which was signed during the Obama administration and serves as the basis for troves of U.S. climate policy enacted since, would cause the EPA to “lack statutory authority under Section 202(a) of the Clean Air Act (CAA) to prescribe standards for certain motor‑vehicle emissions,” the agency said.

Since the ruling, the EPA has regulated emissions from automobiles, other vehicles, and power plants. Its revocation would open the door to challenging those regulations.

Rescinding the endangerment finding would almost certainly face legal challenges from environmental groups, and it could be legally tenuous. The endangerment finding has been upheld in court. In 2007, a Supreme Court decision, Massachusetts v. EPA, cleared the way for the finding to be made. The high court declined to hear an appeal challenging the endangerment finding as recently as 2023.

The Wall Street Journal first reported the administration’s plans.