Key Contacts
Practice Areas
Trump Administration Finalizes Rule Rescinding EPA’s 2009 Endangerment Finding and Vehicle GHG Standards
On Thursday, February 12, 2026, President Trump and U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the finalization of a rule rescinding the 2009 “Endangerment Finding” and related motor vehicle emissions standards. As discussed in our recent forecast article, EPA published the Endangerment Finding in the wake of Supreme Court decision Massachusetts v. EPA, in which the Court concluded that greenhouse gas (GHG) emissions from motor vehicles qualify as “air pollutants” subject to regulation under Section 202(a) of the Clean Air Act. EPA then determined that “six [GHGs] taken in combination endanger both the public health and welfare of current and future generations” and that motor vehicles in particular contributed to the buildup of GHGs in the atmosphere, 74 Fed. Reg. 66496 (Dec. 15, 2009). EPA then used its determination to promulgate emission standards for vehicles, and later, power plants and oil and gas facilities.
EPA initially proposed to rescind the Endangerment Finding in August 2025, arguing primarily that Congress did not intend for Section 202(a) to be used to address global climate change. Though final rule language is not yet available, EPA’s February 12 press release indicates that EPA has concluded that “maintaining GHG emission standards is not necessary for EPA to fulfill its core mission of protecting human health and the environment” because “even if the U.S. were to eliminate all GHG emissions from all vehicles, there would be no material impact on global climate indicators through 2100.” EPA also suggests that the recission will result in $1.3 trillion in cost savings, including an estimated reduction of $2,400 per vehicle.
Legal challenges to the final rule are certain, with respect to both substantive and procedural aspects. To prevail, EPA will likely need to successfully argue that Massachusetts v. EPA should be overturned. In addition, EPA received nearly 600,000 comments over the course of the 52-day public comment period and heard testimony from more than 600 individuals during four days of virtual public hearings. It is not yet clear whether EPA has comprehensively considered all comments and testimony submitted.
