EPA

Lawsuit: EPA revoking greenhouse gas finding risks “thousands of avoidable deaths”

climate change, climate denial, Environmental Protection Agency, EPA, greenhouse gas emissions, Policy, trump administration / Kelly Newman / February 18, 2026

EPA sued for abandoning its mission to protect public health.

In a lawsuit filed Wednesday, the Environmental Protection Agency was accused of abandoning its mission to protect public health after repealing an “endangerment finding” that has served as the basis for federal climate change regulations for 17 years.

The lawsuit came from more than a dozen environmental and health groups, including the American Public Health Association, the American Lung Association, the Center for Biological Diversity (CBD), the Clean Air Council, the Environmental Defense Fund (EDF), the Natural Resources Defense Council (NRDC), the Sierra Club, and the Union of Concerned Scientists.

The groups have asked the US Court of Appeals for the District of Columbia Circuit to review the EPA decision, which also eliminated requirements controlling greenhouse gas emissions in new cars and trucks. Urging a return to the status quo, the groups argued that the Trump administration is anti-science and illegally moving to benefit the fossil fuel industry, despite a mountain of evidence demonstrating the deadly consequences of unchecked pollution and climate change-induced floods, droughts, wildfires, and hurricanes.

“Undercutting the ability of the federal government to tackle the largest source of climate pollution is deadly serious,” Meredith Hankins, legal director for federal climate at NRDC, said in an EDF roundup of statements from plaintiffs.

The science is overwhelmingly clear, the groups argued, despite the Trump EPA attempting to muddy the waters by forming a since-disbanded working group of climate contrarians.

Trump is a longtime climate denier, as evidenced by a Euro News tracker monitoring his most controversial comments. Most recently, during a cold snap affecting much of the US, he predictably trolled environmentalists, writing on Truth Social, “could the Environmental Insurrectionists please explain—WHATEVER HAPPENED TO GLOBAL WARMING?”

The EPA’s final rule summary bragged that “this is the single largest deregulatory action in US history and will save Americans over $1.3 trillion” by 2055. Supposedly, carmakers will pass on any savings from no longer having to meet emissions requirements, giving Americans more access to affordable cars by shutting down expensive emissions and EV mandates “strangling” the auto industry. Sounding nothing like an agency created to monitor pollutants, a fact sheet on the final rule emphasized that Trump’s EPA “chooses consumer choice over climate change zealotry every time.”

Critics quickly slammed Trump’s claims that removing the endangerment finding would help the economy. Any savings from cheaper vehicles or reduced costs of charging infrastructure (as Americans ostensibly buy fewer EVs) would be offset by $1.4 trillion “in additional costs from increased fuel purchases, vehicle repair and maintenance, insurance, traffic congestion, and noise,” The Guardian reported. The EPA’s economic analysis also ignores public health costs, the groups suing alleged. David Pettit, an attorney at the CBD’s Climate Law Institute, slammed the EPA’s messaging as an attempt to sway consumers without explaining the true costs.

“Nobody but Big Oil profits from Trump trashing climate science and making cars and trucks guzzle and pollute more,” Pettit said. “Consumers will pay more to fill up, and our skies and oceans will fill up with more pollution.”

If the court sides with the EPA, “people everywhere will face more pollution, higher costs, and thousands of avoidable deaths,” Peter Zalzal, EDF’s associate vice president of clean air strategies, said.

EPA argued climate change evidence is “out of scope”

For environmentalists, the decision to sue the EPA was risky but necessary. By putting up a fight, they risk a court potentially reversing the 2009 Supreme Court ruling requiring the EPA to conduct the initial endangerment analysis and then regulate any pollution found from greenhouse gases.

Seemingly, that reversal is what the Trump administration has been angling for, hoping the case will reach the Supreme Court, which is more conservative today and perhaps less likely to read the Clean Air Act as broadly as the 2009 court.

It’s worth the risk, according to William Piermattei, the managing director of the Environmental Law Program at the University of Maryland Francis King Carey School of Law. He told The New York Times that environmentalists had no choice but to file the lawsuit and act on the public’s behalf.

Environmentalists “must challenge this,” Piermattei said. If they didn’t, they’d be “agreeing that we should not regulate greenhouse gasses under the Clean Air Act, full stop.” He suggested that “a majority of the public, does not agree with that statement at all.”

Since 2010, the EPA has found that the scientific basis for concluding that “elevated concentrations of greenhouse gases in the atmosphere may reasonably be anticipated to endanger the public health and welfare of current and future US generations is robust, voluminous, and compelling.” And since then, the evidence base has only grown, the groups suing said.

Trump used to seem intimidated by the “overwhelming” evidence, environmentalists have noted. During Trump’s prior term, he notably left the endangerment finding in place, perhaps expecting that the evidence was irrefutable. He’s now renewed that fight, arguing that the evidence should be set aside, so that courts can focus on whether Congress “must weigh in on ‘major questions’ that have significant political and economic implications” and serve as a check on the EPA.

In the EPA’s comments addressing public concerns about the agency ignoring evidence, the agency has already argued that evidence of climate change is “out of scope” since the EPA did not repeal the basis of the finding. Instead, the EPA claims it is merely challenging its own authority to continue to regulate the auto industry for harmful emissions, suggesting that only Congress has that authority.

The Clean Air Act “does not provide EPA statutory authority to prescribe motor vehicle emission standards for the purpose of addressing global climate change concerns,” the EPA said. “In the absence of such authority, the Endangerment Finding is not valid, and EPA cannot retain the regulations that resulted from it.”

Whether courts will agree that evidence supporting climate change is “out of scope” could determine whether the Supreme Court’s prior decision that compelled the endangerment finding is ultimately overturned. If that happens, subsequent administrations may struggle to issue a new endangerment finding to undo any potential damage. All eyes would then turn to Congress to pass a law to uphold protections.

EPA accused of abandoning its mission

By ignoring science, the EPA risks eroding public trust, according to Hana Vizcarra, a senior lawyer at the nonprofit Earthjustice, which is representing several groups in the litigation.

“With this action, EPA flips its mission on its head,” Vizcarra said. “It abandons its core mandate to protect human health and the environment to boost polluting industries and attempts to rewrite the law in order to do so.”

Groups appear confident that the courts will consider the science. Joanne Spalding, director of the Sierra Club’s Environmental Law Program, noted that the early 2000s litigation from the Sierra Club brought about the original EPA protections. She vowed that the Sierra Club would continue fighting to keep them.

“People should not be forced to suffer for this administration’s blind allegiance to the fossil fuel industry and corporate polluters,” Spalding said. “This shortsighted rollback is blatantly unlawful and their efforts to force this upon the American people will fail.”

Ankush Bansal, board president of Physicians for Social Responsibility, warned that courts cannot afford to ignore the evidence. The EPA’s “devastating decision” goes “against the science and testimony of countless scientists, health care professionals, and public health practitioners,” Bansal said. If upheld, the long-term consequences could seemingly bury courts in future legal battles.

“It will result in direct harm to the health of Americans throughout the country, particularly children, older adults, those with chronic illnesses, and other vulnerable populations, rural to urban, red and blue, of all races and incomes,” Bansal said. “The increased exposure to harmful pollutants and other greenhouse gas emissions from fossil fuel production and consumption will make America sicker, not healthier, less prosperous, not more, for generations to come.”

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

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EPA kills foundation of greenhouse gas regulations

carbon emissions, climate change, EPA, Policy, Supreme Court / 9u50fv / February 12, 2026

In a widely expected move, the Environmental Protection Agency has announced that it is revoking an analysis of greenhouse gases that laid the foundation for regulating their emissions by cars, power plants, and industrial sources. The analysis, called an endangerment finding, was initially ordered by the US Supreme Court in 2007 and completed during the Obama administration; it has, in theory, served as the basis of all government regulations of carbon dioxide emissions since.

In practice, lawsuits and policy changes between Democratic and Republican administrations have meant it has had little impact. In fact, the first Trump administration left the endangerment finding in place, deciding it was easier to respond to it with weak regulations than it was to challenge its scientific foundations, given the strength of the evidence for human-driven climate change.

Legal tactics

The second Trump administration, however, was prepared to tackle the science head-on, gathering a group of contrarians to write a report questioning that evidence. It did not go well, either scientifically or legally.

Today’s announcement ignores the scientific foundations of the endangerment finding and argues that it’s legally flawed. “The Trump EPA’s final rule dismantles the tactics and legal fictions used by the Obama and Biden Administrations to backdoor their ideological agendas on the American people,” the EPA claims. The claim is awkward, given that the “legal fictions” referenced include a Supreme Court decision ordering the EPA to conduct an endangerment analysis.

EPA kills foundation of greenhouse gas regulations Read More »

Judge rules Department of Energy’s climate working group was illegal

climate change, doe, endangerment finding, EPA, greenhouse gasses, lawsuit, Policy, Science / Shannon Garcia / February 2, 2026

But the flaws weren’t limited to scientific deficiencies. Two advocacy organizations, the Environmental Defense Fund and Union of Concerned Scientists, sued, alleging that the Climate Working Group violated various provisions of the Federal Advisory Committee Act. This requires that any groups formed to provide the government with advice must be fairly balanced and keep records that are open to the public. The Climate Working Group, by contrast, operated in secret; in fact, emails obtained during the trial showed that its members were advised to use private emails to limit public scrutiny of their communications.

In response, the DOE dissolved the Climate Working Group in order to claim that the legal issues were moot, as the advisory committee at issue in the suit no longer existed.

No defense

In court, the government initially argued that the Federal Advisory Committee Act didn’t apply, claiming that the Climate Working Group was simply organized to provide information to the government. Based on Friday’s ruling, however, once the court tried to consider that issue, the government shifted to simply arguing that the Climate Working Group no longer existed, so none of this mattered. “The Defendants, in their Opposition and subsequent filings, ignore the allegations relating to the [Federal Advisory Committee Act] violations themselves,” the judge states. “Rather, the Defendants argue only that these claims are moot because the Climate Working Group has been dissolved.”

So, the court was left with little more than the accusations that the Climate Working Group had a membership with biased opinions, failed to hold open meetings, and did not keep public records. Given the lack of opposing arguments, “These violations are now established as a matter of law.”

Judge rules Department of Energy’s climate working group was illegal Read More »

Despite congressional threat, National Academies releases new climate report

climate change, doe, EPA, greenhouse gasses, National Academies, Science / Shannon Garcia / September 21, 2025

The National Academies responded to the EPA’s actions by saying it would prepare a report of its own, which it did despite the threat of a congressional investigation into its work. And the result undercuts the EPA’s claims even further.

Blunt and to the point

The NAS report does not mess around with subtleties, going straight to the main point: Everything we’ve learned since the endangerment finding confirms that it was on target. “EPA’s 2009 finding that the human-caused emissions of greenhouse gases threaten human health and welfare was accurate, has stood the test of time, and is now reinforced by even stronger evidence,” its authors conclude.

That evidence includes a better understanding of the climate itself, with the report citing “Longer records, improved and more robust observational networks, and analytical and methodological advances” that have both allowed us to better detect the changes in the climate, and more reliably assign them to the effects of greenhouse gases. The events attributed to climate change are also clearly harming the welfare of the US public through things like limiting agricultural productivity gains, damage from wildfires, losses due to water scarcity, and general stresses on our infrastructure.

But it’s not just the indirect effects we have to worry about. The changing climate is harming us more directly as well:

Climate change intensifies risks to humans from exposures to extreme heat, ground-level ozone, airborne particulate matter, extreme weather events, and airborne allergens, affecting incidence of cardiovascular, respiratory, and other diseases. Climate change has increased exposure to pollutants from wildfire smoke and dust, which has been linked to adverse health effects. The increasing severity of some extreme events has contributed to injury, illness, and death in affected communities. Health impacts related to climate-sensitive infectious diseases—such as those carried by insects and contaminated water—have increased.

Moreover, it notes that one of the government’s arguments—that US emissions are too small to be meaningful—doesn’t hold water. Even small increments of change will increase the risk of damaging events for decades to come, and push the world closer to hitting potential tipping points in the climate system. Therefore, cutting US emissions will directly reduce those risks.

Despite congressional threat, National Academies releases new climate report Read More »

Feds try to dodge lawsuit against their bogus climate report

climate change, doe, Energy, EPA, greenhouse gasses, lawsuit, Policy, Science / Mike M. / September 13, 2025

Meanwhile, Congress is trying to keep serious scientists from weighing in.

While the Trump administration has continued to refer to efforts to avoid the worst impacts of climate change as a scam, it has done almost nothing to counter the copious scientific evidence that demonstrates that climate change is real and doing real damage to the citizens of the US. The lone exception has been a draft Department of Energy report prepared by a handful of carefully chosen fringe figures that questioned the mainstream understanding of climate change. The shoddy work and questionable conclusions of that report were so extensive that an analysis of it required over 450 pages to detail all of its shortcomings.

But its shortcomings may not have been limited to the science, as a lawsuit alleges that its preparation violated a law that regulates the activities of federal advisory panels. Now, in an attempt to avoid dealing with that lawsuit, the Department of Energy is claiming that it dissolved the committee that prepared the report, making the lawsuit moot.

Meanwhile, Congress is also attempting to muddy the waters. In response to the DOE report, the National Academies of Science announced that it would prepare a report describing the current state of climate science. Republicans on the House Committee on Oversight have responded by announcing an investigation of the National Academies “for undermining the EPA.”

The vanishing committee

As we noted in our original coverage, the members of the advisory group that prepared the DOE report were carefully chosen for having views that are well outside the mainstream of climate science. Based on their past public statements, they could be counted on to produce a report that would question the severity of climate change and raise doubts about whether we had any evidence it was happening. The report they produced went beyond that by suggesting that the net effect of our carbon emissions was likely to be a positive for humanity.

Not only was that shoddy science, but a lawsuit filed by the Environmental Defense Fund and the Union of Concerned Scientists suggested that it was likely illegal. Groups like the one that wrote the report, the suit alleges, fall under the Federal Advisory Committee Act, which (among other things) dictates that these groups must be “fairly balanced in terms of the points of view represented,” rather than be selected in order to reinforce a single point of view.

The “among other things” that the law dictates is that the advisory groups have public meetings that are announced in advance, be chartered with a well-defined mission, and all of their records be made available to the public. In contrast, nobody within the Department of Energy, including the contrarians who wrote the report, acknowledged the work they were doing publicly until the day the draft report was released.

The suit alleges that the work of this group fell under the Federal Advisory Committee Act, and the group violated the act in all of the above ways and more. The act asks the courts to force the DOE to disclose all the relevant records involved with the preparation of the report, and to cease relying on it for any regulatory actions. That’s significant because the Environmental Protection Agency cited it in its attempts to roll back its prior finding that greenhouse gases posed a danger to the US public.

This week, the DOE responded in court by claiming the panel that produced the report had been dissolved, making the suit moot. That does not address the fact that the EPA is continuing to rely on the report in its attempts to argue there’s no point in regulating greenhouse gases. It also leaves the report itself in a weird limbo. Its release marked the start of a period of public comment, and said comments were supposed to be considered during the revisions that would take place before the draft was finalized.

Failure to complete the revision process would leave the EPA vulnerable to claims that it’s relying on an incomplete draft report for its scientific justifications. So, while the DOE’s tactics may protect some of its internal documents, it may ultimately cause larger problems for the Trump administration’s agenda.

Attacking the academies

Earlier this year, we were critical of the US’s National Academies of Science for seemingly refusing to respond to the Trump administration’s attacks on science. That reticence appeared to end in August with the release of the DOE climate report and the announcement that the EPA was using that report as the latest word on climate science, which it argued had changed considerably since the initial EPA decisions on this issue in 2009.

In response, the National Academies announced that it would fast-track a new analysis of the risks posed by greenhouse gases, this one done by mainstream scientists instead of a handful of fringe figures. The goal was to get it done before the EPA closed its public comment period on its proposal to ignore greenhouse gases.

Obviously, this poses a threat to the EPA’s planned actions, which apparently prompted Republicans in Congress to step in. Earlier this month, the chair of the House Committee on Oversight and Government Reform, Rep. James Comer (R-Ky.), announced he was investigating the National Academies for preparing this report, calling it “a blatant partisan act to undermine the Trump Administration.”

Comer has also sent a letter to the National Academies, outlining his concerns and demanding a variety of documents. Some of these are pretty convoluted: “The study is led by a National Academies member who serves as an external advisor to the Science Philanthropy Alliance, which has ties to the left-wing group Arabella Advisors through the New Venture Fund, an organization that promotes a variety of progressive causes and funds major climate litigation,” Comer says, suggesting … it’s not entirely clear what. Another member of the study panel had the audacity to endorse former President Biden for his climate policies. Separately, Comer says he’s concerned about the source of the funds that will pay for this study.

Some of Comer’s demands are consistent with this, focusing on funding for this review. But he goes well beyond that, demanding a list of all the National Academies’ sources of funding, as well as any internal communications about this study. He’s also going on a bit of a witch hunt within the federal government, demanding any communications the NAS has had with government employees regarding the DOE’s report or the EPA’s greenhouse gas decisions.

It’s pretty clear that Comer recognizes that any unbiased presentation of climate science is going to undercut the EPA’s rationale for reversing course on greenhouse gas regulations. So, he’s preparing in advance to undercut that presentation by claiming it’s rife with conflicts of interest—and he’s willing to include “supporting politicians who want to act on climate change” as a conflict.

All of this maneuvering is taking place before the EPA has even finalized its planned U-turn on greenhouse gases, a step that will undoubtedly trigger additional investigations and lawsuits. In many ways, this is likely to reflect many of these parties laying the groundwork for the legal fight to come. And, while some of this is ostensibly about the state of the science that has supported the EPA’s past policy decisions, it’s clear that the administration and its supporters are doing their best to minimize science’s impact on their preferred course of action.

John is Ars Technica’s science editor. He has a Bachelor of Arts in Biochemistry from Columbia University, and a Ph.D. in Molecular and Cell Biology from the University of California, Berkeley. When physically separated from his keyboard, he tends to seek out a bicycle, or a scenic location for communing with his hiking boots.

Feds try to dodge lawsuit against their bogus climate report Read More »

“Mockery of science”: Climate scientists tear into new US climate report

clean air act, climate change, department of energy, EPA, Science, syndication / DJ Henderson / September 3, 2025

While it is not uncommon for scientists to disagree, many of the review’s authors feel what the DOE produced isn’t science at all. “Trying to circumvent, bypass, undermine decades of the government’s own work with the nation’s top scientists to generate definitive information about climate science to use in policymaking—that’s what’s different here,” said Kim Cobb, a professor of Earth, environmental, and planetary sciences at Brown University and director of the Institute at Brown for Environment and Society. Cobb co-authored two sections of the review.

Under President Donald Trump’s second administration, the Environmental Protection Agency has announced that it is reconsidering the 2009 endangerment finding that allows the agency to regulate greenhouse gases under the Clean Air Act. In its proposal to rescind the finding, the EPA cited the DOE’s climate report as one of many that led the agency to develop “serious concerns” with how the US regulates greenhouse gases.

“It’s really important that we stand up for the integrity of [climate science] when it matters the most,” Cobb said. “And this may very well be when it mattered the most.”

Roger Pielke Jr., a science policy analyst and senior fellow at the American Enterprise Institute, who is cited in the DOE report, doesn’t believe the push to overturn the endangerment finding will come down to that report. In his view, the administration’s arguments are mostly legal, not scientific. “I think that given the composition of the Supreme Court, the endangerment finding might be in danger. But it’s not going to be because of the science,” he said.

But as more communities grapple with the fallout of hurricanes, wildfires, floods, and other natural disasters exacerbated by climate change, Cobb fears the federal government is turning away from the best tool it has to help people across the US adapt to a warming planet.

“Science is a tool for prosperity and safety,” she said. “And when you turn your back on it in general—it’s not just going to be climate science, it’s going to be many other aspects of science and technology that are going to be forsaken—that will have grave costs.”

This story originally appeared on Inside Climate News.

“Mockery of science”: Climate scientists tear into new US climate report Read More »

National Academies to fast-track a new climate assessment

climate change, endangerment finding, EPA, National Academies, Science, syndication / Kelly Newman / August 8, 2025

The nation’s premier group of scientific advisers announced Thursday that it will conduct an independent, fast-track review of the latest climate science. It will do so with an eye to weighing in on the Trump administration’s planned repeal of the government’s 2009 determination that greenhouse gas emissions harm human health and the environment.

The move by the National Academies of Sciences, Engineering, and Medicine to self-fund the study is a departure from their typical practice of responding to requests by government agencies or Congress for advice. The Academies intend to publicly release it in September, in time to inform the Environmental Protection Agency’s decision on the so-called “endangerment finding,” they said in a prepared statement.

“It is critical that federal policymaking is informed by the best available scientific evidence,” said Marcia McNutt, president of the National Academy of Sciences. “Decades of climate research and data have yielded expanded understanding of how greenhouse gases affect the climate. We are undertaking this fresh examination of the latest climate science in order to provide the most up-to-date assessment to policymakers and the public.”

The Academies are private, nonprofit institutions that operate under an 1863 congressional charter, signed by President Abraham Lincoln, directing them to provide independent, objective analysis and advice to inform public policy decisions.

The Trump administration’s move to rescind the endangerment finding, announced last month, would eliminate the legal underpinning of the most important actions the federal government has taken on climate change—regulation of carbon pollution from motor vehicles and power plants under the Clean Air Act. Since assuming his role, EPA Administrator Lee Zeldin has made clear he intends to repeal the climate rules that were put in place under the Biden administration, but his job will be far easier with the elimination of the endangerment finding.

The EPA based its proposal mainly on a narrow interpretation of the agency’s legal authority, but the agency also cited uncertainties in the science, pointing to a report published the same day by the Department of Energy that was authored by a hand-picked quintet of well-known skeptics of the mainstream consensus on climate change. The administration has given a short window of opportunity—30 days—for the public to respond to its endangerment finding proposal and to the DOE report on climate science.

The EPA did not immediately respond to a request for comment on the announcement by the National Academies. Critics of the Trump administration’s approach applauded the decision by the scientific panel.

“I think the National Academies have identified a very fundamental need that is not being met, which is the need for independent, disinterested expert advice on what the science is telling us,” said Bob Sussman, who served as deputy administrator of the EPA in the Clinton administration and was a senior adviser in the agency during the Obama administration.

Earlier Thursday, before the National Academies announcement, Sussman posted a blog at the Environmental Law Institute website calling for a “blue-ribbon review” of the science around the endangerment finding. Sussman noted the review of the state of climate science that the National Academies conducted in 2001 at the request of President George W. Bush’s administration. Since then, the Academies have conducted numerous studies on aspects of climate change, including the development of a “climate-ready workforce,” how to power AI sustainably, and emerging technologies for removing carbon from the atmosphere, for example.

The National Academies announced in 2023 that they were developing a rapid response capacity to address the many emerging scientific policy issues the nation was facing. The first project they worked on was an assessment of the state of science around diagnostics for avian influenza.

Andrew Dessler, director of the Texas Center for Extreme Weather at Texas A&M University, said the new controversy that the Trump administration had stirred around climate science was a fitting subject for a fast-track effort by the National Academies.

“The National Academies [were] established exactly to do things like this—to answer questions of scientific importance for the government,” he said. “This is what the DOE should have done all along, rather than hire five people who represent a tiny minority of the scientific community and have views that virtually nobody else agrees with.”

Dessler is leading an effort to coordinate a response from the scientific community to the DOE report, which would also be submitted to the EPA. He said that he had heard from about 70 academics eager to participate after putting out a call on the social media network Bluesky. He said that work will continue because it seems to have a slightly different focus than the National Academies’ announced review, which does not mention the DOE report but talks about focusing on the scientific evidence on the harms of greenhouse gas emissions that has emerged since 2009, the year the endangerment finding was adopted by the EPA.

This story originally appeared on Inside Climate News.

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Analysis: The Trump administration’s assault on climate action

clean air act, climate change, Earth science, EPA, global warming, misinformation, Policy, Science, Supreme Court / Kelly Newman / August 6, 2025

Official actions don’t challenge science, while unofficial docs muddy the waters.

Last week, the Environmental Protection Agency made lots of headlines by rejecting the document that establishes its ability to regulate the greenhouse gases that are warming our climate. While the legal assault on regulations grabbed most of the attention, it was paired with two other actions that targeted other aspects of climate change: the science underlying our current understanding of the dramatic warming the Earth is experiencing, and the renewable energy that represents our best chance of limiting this warming.

Collectively, these actions illuminate the administration’s strategy for dealing with a problem that it would prefer to believe doesn’t exist, despite our extensive documentation of its reality. They also show how the administration is tailoring its approach to different audiences, including the audience of one who is demanding inaction.

When in doubt, make something up

The simplest thing to understand is an action by the Department of the Interior, which handles permitting for energy projects on federal land—including wind and solar, both onshore and off. That has placed the Interior in an awkward position. Wind and solar are now generally the cheapest ways to generate electricity and are currently in the process of a spectacular boom, with solar now accounting for over 80 percent of the newly installed capacity in the US.

Yet, when Trump issued an executive order declaring an energy emergency, wind and solar were notably excluded as potential solutions. Language from Trump and other administration officials has also made it clear that renewable energy is viewed as an impediment to the administration’s pro-fossil fuel agenda.

But shutting down federal permitting for renewable energy with little more than “we don’t like it” as justification could run afoul of rules that forbid government decisions from being “arbitrary and capricious.” This may explain why the government gave up on its attempts to block the ongoing construction of an offshore wind farm in New York waters.

On Friday, the Interior announced that it had settled on a less arbitrary justification for blocking renewable energy on public land: energy density. Given a metric of land use per megawatt, wind and solar are less efficient than nuclear plants we can’t manage to build on time or budget, and therefore “environmentally damaging” and an inefficient use of federal land, according to the new logic. “The Department will now consider proposed energy project’s capacity density when assessing the project’s potential energy benefits to the nation and impacts to the environment and wildlife,” Interior declared.

This is only marginally more reasonable than Interior Secretary Doug Burgum’s apparent inability to recognize that solar power can be stored in batteries. But it has three features that will be recurring themes. There’s at least a token attempt to provide a justification that might survive the inevitable lawsuits, while at the same time providing fodder for the culture war that many in the administration demand. And it avoids directly attacking the science that initially motivated the push toward renewables.

Energy vs. the climate

That’s not to say that climate change isn’t in for attack. It’s just that the attacks are being strategically separated from the decisions that might produce a lawsuit. Last week, the burden of taking on extremely well-understood and supported science fell to the Department of Energy, which released a report on climate “science” to coincide with the EPA’s decision to give up on attempts to regulate greenhouse gases.

For those who have followed public debates over climate change, looking at the author list—John Christy, Judith Curry, Steven Koonin, Ross McKitrick, and Roy Spencer—will give you a very clear picture of what to expect. Spencer is a creationist, raising questions about his ability to evaluate any science free from his personal biases. (He has also said, “My job has helped save our economy from the economic ravages of out-of-control environmental extremism,” so it’s not just biology where he’s got these issues.) McKitrick is an economist who engaged in a multi-year attempt to raise doubt about the prominent “hockey stick” reconstruction of past climates, even as scientists were replicating the results. Etc.

The report is a master class in arbitrary and capricious decision-making applied to science. Sometimes the authors rely on the peer-reviewed literature. Other times they perform their own analysis for this document, in some cases coming up with almost comically random metrics for data. (Example: “We examine occurrences of 5-day deluges as follows. Taking the Pacific coast as an example, a 130-year span contains 26 5-year intervals. At each location we computed the 5-day precipitation totals throughout the year and selected the 26 highest values across the sample.” Why five days? Five-year intervals? Who knows.)

This is especially striking in a few cases where the authors choose references that were published a few years ago, and thus neatly avoid the dramatic temperature records that have been set over the past couple of years. Similarly, they sometimes use regional measures and sometimes use global ones. They demand long-term data in some contexts, while getting excited about two years of coral growth in the Great Barrier Reef. The authors highlight the fact that US tide gauges don’t show any indication of an acceleration in the rate of sea level rise while ignoring the fact that global satellite measures clearly do.

That’s not to say that there aren’t other problems. There’s some blatant misinformation, like claims that urbanization could be distorting the warming, which has already been tested extensively. (Notably, warming is most intense in the sparsely populated Arctic.) There’s also some creative use of language, like referring to the ocean acidification caused by CO₂ as “neutralizing ocean alkalinity.”

But the biggest bit of misinformation comes in the introduction, where the secretary of energy, Chris Wright, said of the authors, “I chose them for their rigor, honesty, and willingness to elevate the debate.” There is no reason to choose this group of marginal contrarians except the knowledge that they’d produce a report like this, thus providing a justification for those in the administration who want to believe it’s all a scam.

No science needed

The critical feature of the Department of Energy report is that it contains no policy actions; it’s purely about trying to undercut well-understood climate science. This means the questionable analyses in the report shouldn’t ever end up being tested in court.

That’s in contrast to the decision to withdraw the EPA’s endangerment finding regarding greenhouse gases. There’s quite an extensive history to the endangerment finding, but briefly, it’s the product of a Supreme Court decision (Massachusetts v. EPA), which compelled the EPA to evaluate whether greenhouse gases posed a threat to the US population as defined in the Clean Air Act. Both the Bush and Obama EPAs did so, thus enabling the regulation of greenhouse gases, including carbon dioxide.

Despite the claims in the Department of Energy report, there is comprehensive evidence that greenhouse gases are causing problems in the US, ranging from extreme weather to sea level rise. So while the EPA mentions the Department of Energy’s work a number of times, the actual action being taken skips over the science and focuses on legal issues. In doing so, it creates a false history where the endangerment finding had no legal foundation.

To re-recap, the Supreme Court determined that this evaluation was required by the Clean Air Act. George W. Bush’s administration performed the analysis and reached the exact same conclusion as the Obama administration (though the former chose to ignore those conclusions). Yet Trump’s EPA is calling the endangerment finding “an unprecedented move” by the Obama administration that involved “mental leaps” and “ignored Congress’ clear intent.” And the EPA presents the findings as strategic, “the only way the Obama-Biden Administration could access EPA’s authority to regulate,” rather than compelled by scientific evidence.

Fundamentally, it’s an ahistorical presentation; the EPA is counting on nobody remembering what actually happened.

The announcement doesn’t get much better when it comes to the future. The only immediate change will be an end to any attempts to regulate carbon emissions from motor vehicles, since regulations for power plants had been on hold due to court challenges. Yet somehow, the EPA’s statement claims that this absence of regulation imposed costs on people. “The Endangerment Finding has also played a significant role in EPA’s justification of regulations of other sources beyond cars and trucks, resulting in additional costly burdens on American families and businesses,” it said.

We’re still endangered

Overall, the announcements made last week provide a clear picture of how the administration intends to avoid addressing climate change and cripple the responses started by previous administrations. Outside of the policy arena, it will question the science and use partisan misinformation to rally its supporters for the fight. But it recognizes that these approaches aren’t flying when it comes to the courts.

So it will separately pursue a legal approach that seeks to undercut the ability of anyone, including private businesses, to address climate change, crafting “reasons” for its decisions in a way that might survive legal challenge—because these actions are almost certain to be challenged in court. And that may be the ultimate goal. The current court has shown a near-complete disinterest in respecting precedent and has issued a string of decisions that severely limit the EPA. It’s quite possible that the court will simply throw out the prior decision that compelled the government to issue an endangerment finding in the first place.

If that’s left in place, then any ensuing administrations can simply issue a new endangerment finding. If anything, the effects of climate change on the US population have become more obvious, and the scientific understanding of human-driven warming has solidified since the Bush administration first acknowledged them.

Analysis: The Trump administration’s assault on climate action Read More »

EPA plans to ignore science, stop regulating greenhouse gases

clean air act, CO2, EPA, greenhouse gases, Policy, Science, syndication / Beth Washington / July 30, 2025

It derives from a 2007 Supreme Court ruling that named greenhouse gases as “air pollutants,” giving the EPA the mandate to regulate them under the Clean Air Act.

Critics of the rule say that the Clean Air Act was fashioned to manage localized emissions, not those responsible for global climate change.

A rollback would automatically weaken the greenhouse gas emissions standards for cars and heavy-duty vehicles. Manufacturers such as Daimler and Volvo Cars have previously opposed the EPA’s efforts to tighten emission standards, while organized labour groups such as the American Trucking Association said they “put the trucking industry on a path to economic ruin.”

However, Katherine García, director of Sierra Club’s Clean Transportation for All Campaign, said that the ruling would be “disastrous for curbing toxic truck pollution, especially in frontline communities disproportionately burdened by diesel exhaust.”

Energy experts said the move could also stall progress on developing clean energy sources such as nuclear power.

“Bipartisan support for nuclear largely rests on the fact that it doesn’t have carbon emissions,” said Ken Irvin, a partner in Sidley Austin’s global energy and infrastructure practice. “If carbon stops being considered to endanger human welfare, that might take away momentum from nuclear.”

The proposed rule from the EPA will go through a public comment period and inter-agency review. It is likely to face legal challenges from environmental activists.

EPA plans to ignore science, stop regulating greenhouse gases Read More »

Win for chemical industry as EPA shutters scientific research office

EPA, Office of Research and Development, Science, syndication / 9u50fv / July 22, 2025

Deregulation runs rampant

Companies feared rules and lawsuits based on Office of Research and Development assessments.

Soon after President Donald Trump took office in January, a wide array of petrochemical, mining, and farm industry coalitions ramped up what has been a long campaign to limit use of the Environmental Protection Agency’s assessments of the health risks of chemicals.

That effort scored a significant victory Friday when EPA Administrator Lee Zeldin announced his decision to dismantle the agency’s Office of Research and Development (ORD).

The industry lobbyists didn’t ask for hundreds of ORD staff members to be laid off or reassigned. But the elimination of the agency’s scientific research arm goes a long way toward achieving the goal they sought.

In a January 27 letter to Zeldin organized by the American Chemistry Council, more than 80 industry groups—including leading oil, refining, and mining associations—asked him to end regulators’ reliance on ORD assessments of the risks that chemicals pose for human health. The future of that research, conducted under EPA’s Integrated Risk Information System program, or IRIS, is now uncertain.

“EPA’s IRIS program within ORD has a troubling history of being out of step with the best available science and methods, lacking transparency, and being unresponsive to peer review and stakeholder recommendations,” said an American Chemistry Council spokesperson in an email when asked about the decision to eliminate ORD. “This results in IRIS assessments that jeopardize access to critical chemistries, undercut national priorities, and harm American competitiveness.”

The spokesperson said the organization supports EPA evaluating its resources to ensure tax dollars are being used efficiently and effectively.

Christopher Frey, an associate dean at North Carolina State University who served as EPA assistant administrator in charge of ORD during the Biden administration, defended the quality of the science done by the office, which he said is “the poster case study of what it means to do science that’s subject to intense scrutiny.”

“There’s industry with a tremendous vested interest in the policy decisions that might occur later on,” based on the assessments made by ORD. “What the industry does is try to engage in a proxy war over the policy by attacking the science.”

Among the IRIS assessments that stirred the most industry concern were those outlining the dangers of formaldehyde, ethylene oxide, arsenic, and hexavalent chromium. Regulatory actions had begun or were looming on all during the Biden administration.

The Biden administration also launched a lawsuit against a LaPlace, Louisiana, plant that had been the only US manufacturer of neoprene, Denka Performance Elastomer, based in part on the IRIS assessment of one of its air pollutants, chloroprene, as a likely human carcinogen. Denka, a spinoff of DuPont, announced it was ceasing production in May because of the cost of pollution controls.

Public health advocates charge that eliminating the IRIS program, or shifting its functions to other offices in the agency, will rob the EPA of the independent expertise to inform its mission of protection.

“They’ve been trying for years to shut down IRIS,” said Darya Minovi, a senior analyst with the Union of Concerned Scientists and lead author of a new study on Trump administration actions that the group says undermine science. “The reason why is because when IRIS conducts its independent scientific assessments using a great amount of rigor… you get stronger regulations, and that is not in the best interest of the big business polluters and those who have a financial stake in the EPA’s demise.”

The UCS report tallied more than 400 firings, funding cuts, and other attacks on science in the first six months of the Trump administration, resulting in 54 percent fewer grants for research on topics including cancer, infectious disease, and environmental health.

EPA’s press office did not respond to a query on whether the IRIS controversy helped inform Zeldin’s decision to eliminate ORD, which had been anticipated since staff were informed of the potential plan at a meeting in March. In the agency’s official announcement Friday afternoon, Zeldin said the elimination of the office was part of “organizational improvements” that would deliver $748.8 million in savings to taxpayers. The reduction in force, combined with previous departures and layoffs, have reduced the agency’s workforce by 23 percent, to 12,448, the EPA said.

With the cuts, the EPA’s workforce will be at its lowest level since fiscal year 1986.

“Under President Trump’s leadership, EPA has taken a close look at our operations to ensure the agency is better equipped than ever to deliver on our core mission of protecting human health and the environment while Powering the Great American Comeback,” Zeldin said in the prepared statement. “This reduction in force will ensure we can better fulfill that mission while being responsible stewards of your hard-earned tax dollars.”

The agency will be creating a new Office of Applied Science and Environmental Solutions; a report by E&E News said an internal memo indicated the new office would be much smaller than ORD, and would focus on coastal areas, drinking water safety, and methodologies for assessing environmental contamination.

Zeldin’s announcement also said that scientific expertise and research efforts will be moved to “program offices”—for example, those concerned with air pollution, water pollution, or waste—to tackle “statutory obligations and mission essential functions.” That phrase has a particular meaning: The chemical industry has long complained that Congress never passed a law creating IRIS. Congress did, however, pass many laws requiring that the agency carry out its actions based on the best available science, and the IRIS program, established during President Ronald Reagan’s administration, was how the agency has carried out the task of assessing the science on chemicals since 1985.

Justin Chen, president of the American Federation of Government Employees Council 238, the union representing 8,000 EPA workers nationwide, said the organizational structure of ORD put barriers between the agency’s researchers and the agency’s political decision-making, enforcement, and regulatory teams—even though they all used ORD’s work.

“For them to function properly, they have to have a fair amount of distance away from political interference, in order to let the science guide and develop the kind of things that they do,” Chen said.

“They’re a particular bugbear for a lot of the industries which are heavy donors to the Trump administration and to the right wing,” Chen said. “They’re the ones, I believe, who do all the testing that actually factors into the calculation of risk.”

ORD also was responsible for regularly doing assessments that the Clean Air Act requires on pollutants like ozone and particulate matter, which result from the combustion of fossil fuels.

Frey said a tremendous amount of ORD work has gone into ozone, which is the result of complex interactions of precursor pollutants in the atmosphere. The open source computer modeling on ozone transport, developed by ORD researchers, helps inform decision-makers grappling with how to address smog around the country. The Biden administration finalized stricter standards for particulate matter in its final year based on ORD’s risk assessment, and the Trump administration is now undoing those rules.

Aidan Hughes contributed to this report.

This story originally appeared on Inside Climate News.

Win for chemical industry as EPA shutters scientific research office Read More »

Industry groups are not happy about the imminent demise of Energy Star

Energy Star, EPA, Policy, syndication / Mike M. / May 10, 2025

One of Bush’s “points of light”

Energy Star was first established under President George H.W. Bush’s administration in 1992, the year of the Earth Summit in Rio, where nations around the world first joined in a framework convention to address climate change.

That international treaty, at Bush’s urging, relied on voluntary action rather than targets and timetables for reducing greenhouse gas emissions. Back at home, the Energy Star program, too, was a way to encourage, but not force, energy savings.

“It was kind of one of his thousand points of light,” Nadel said. “He didn’t want to do serious things about climate change, but a voluntary program to provide information and let consumers decide fit very nicely into his mindset.”

At first focused just on personal computers, monitors and printers, Energy Star expanded over the years to cover more than 50 home appliances, from heating and air conditioning systems to refrigerators, washers and dryers and lighting. Beginning in 1995, Energy Star certification expanded to include homes and commercial buildings.

A Republican-controlled Congress wrote Energy Star into law in a sprawling 2005 energy bill that President George W. Bush signed. It is not clear that the Trump administration can eliminate the Energy Star program, which is administered by both EPA and the Department of Energy, without a new act of Congress.

In a report to mark the 30th anniversary of Energy Star in 2022, the Biden administration estimated the program had achieved 4 billion metric tons of greenhouse gas reductions by helping consumers make energy-efficient choices. Nadel said the impact in the marketplace is visible, as companies increase the number of product choices that meet Energy Star standards whenever a new standard is adopted by EPA through a public notice and comment process.

The nonprofit Alliance to Save Energy has estimated that the Energy Star program costs the government about $32 million per year, while saving families more than $40 billion in annual energy costs.

Eliminating the program, Nadel said, “is million-wise and billion foolish.”

“It will not serve the American people”

Word of Energy Star’s potential demise began to circulate weeks ago. On March 20, a wide array of manufacturers and industry associations signed on to a letter to Zeldin, urging him to maintain the Energy Star program.

Industry groups are not happy about the imminent demise of Energy Star Read More »

EPA accused of faking criminal investigation to claw back climate funds

attorney general, Citibank, climate change, Environmental Protection Agency, EPA, fbi, greenhouse gas reduction fund, Policy / Mike M. / March 13, 2025

Citibank has until March 15 to provide more information on orders to freeze funding. More details on that front were shared today, however, in a court filing in a lawsuit raised by Climate United—one of eight NCIF awardees whose funding was suddenly frozen.

In a motion opposing a request for a temporary restraining order forcing Citibank to unfreeze the funds, Citibank argued that it plays only an administrative role in managing accounts.

According to Citibank, it cannot be liable for freezing the funds because it’s legally required to follow instructions from the EPA and the Department of the Treasury, and those agencies ordered Citibank “to pause all further disbursements from GGRF accounts, including those held by Climate United, until further notice.”

Citibank told the US district court that orders came to freeze the funding after “the government informed Citibank that the GGRF program was subject to an ongoing criminal investigation.”

Supposedly, the FBI received “credible information” that Climate United’s Citibank account was “involved in possible criminal violations,” allegedly including conspiracy to defraud the United States and wire fraud, Citibank’s filing said. In a footnote, Citibank said that it also “learned” that the EPA was “deeply” concerned about “matters of financial mismanagement, conflicts of interest, and oversight failures.”

So, freezing the funds was viewed as necessary, the filing alleged, to prevent “misuse of funds.” And Citibank claimed it had no authority to dispute “lawful” orders.

“Citibank is not vested with discretion to second-guess the government’s concerns regarding the ‘misconduct, waste, conflicts of interest, and potential fraud’ that the government has stated is occurring,” Citibank’s filing said.

Climate United, which describes itself as “a public-private investment fund that removes financial barriers to clean technologies,” said in a press release that freezing the funds had already harmed “hard-working Americans who are struggling to pay for groceries and keep the lights on.”

“Small businesses and developers are unable to draw committed funds for project expenses, critical programs are delayed or paused, and Climate United’s reputation as a lender is impacted,” Climate United said, rounding up stories from stakeholders already struggling through the freeze and urging, “this isn’t about politics; it’s about economics.”

EPA accused of faking criminal investigation to claw back climate funds Read More »