A Conversation about the Endangerment Finding Rescission
A couple of lawyers and a couple of scribes discuss the legal challenges to come.
On Friday afternoon I took a break from reading the Supreme Court's tariff ruling to talk about the EPA's final rule rescinding the "endangerment finding," which serves as the basis for regulating greenhouse gases under the Clean Air Act, on Andrew Revkin's "Sustain What" podcast. We were joined by environmental attorney Sean Donohue (who will be among those challenging the EPA's final rule) and Jean Chemnick of E&E News/Politico.
It was a fun discussion which highlighted some of the legal issues that will arise as courts (first the D.C. Circuit and then, some expect, the Supreme Court) consider the question, even if Sean Donohue was somewhat constrained in what he could say given the pending litigation. Here's a video:
The EPA's final rule, as published in the Federal Register, is here. Additional materials and supporting documents are available on the EPA website here. And the first petition for review of the rescission filed in the D.C. Circuit on behalf of multiple environmentalist, public health, and other public interest organizations is here. (And, yes, Donohue is one of the attorneys listed.)
For more background on the legal issues and what may be in store, here are some of my posts on the subject:
- Can the EPA Rescind the Endangerment Finding? Should It Even Try?, May 10, 2025;
- Can the EPA Finesse the Greenhouse Gas Endangerment Finding?, May 16, 2025;
- NYT: EPA Embarking on Endangerment Finding Fool's Errand, July 23, 2025;
- Why Trying to Undo the Endangerment Finding Is A High-Risk (and Low-Reward) Deregulatory Strategy, September 15, 2025.
- Is This the End of Endangerment?, Feb. 11, 2026.