Two Penn legal experts discuss the strategy behind EPA’s rescission of the Endangerment Finding and the court challenges ahead.

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On February 12, the U.S. Environmental Protection Agency formally rescinded the endangerment finding, the 2009 determination that established the legal basis for federal regulation of greenhouse gas emissions. For 16 years, that finding has underpinned EPA climate policy, reflecting the agency’s conclusion that greenhouse gases pose a threat to human health and that, under the law, it was required to regulate them.

The move represents a major shift in federal climate policy. But agencies cannot simply reverse themselves without making a legal case that can withstand court review. Cary Coglianese of the University of Pennsylvania Carey Law School and Shelley Welton of the Kleinman Center and Penn Carey Law examine the legal rationale behind the rescission and how it draws on recent Supreme Court decisions that have narrowed federal agency authority.

Rather than disputing climate science, the EPA’s argument rests on a more limited reading of its powers under the Clean Air Act. Welton and Coglianese explain how that argument fits within the Court’s evolving approach to administrative power, and what it could mean for the future of federal climate regulation.

Cary Coglianese is Director of the Penn Program on Regulation at the University of Pennsylvania Carey Law School.

Shelley Welton is Presidential Distinguished Professor of Law and Energy Policy with the Kleinman Center and Penn Carey Law.

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Policy Design Issues for Border Carbon Adjustments https://kleinmanenergy.upenn.edu/research/publications/policy-design-issues-for-border-carbon-adjustments/

Boomtowns in the Battery Belt: Risks and Opportunities of Clean Energy Investments in Small Towns of America https://kleinmanenergy.upenn.edu/research/publications/boomtowns-in-the-battery-belt-risks-and-opportunities-of-clean-energy-investments-in-small-towns-of-america/

Energy Policy Now is produced by The Kleinman Center for Energy Policy at the University of Pennsylvania. For all things energy policy, visit kleinmanenergy.upenn.edu.

Two Penn legal experts discuss the strategy behind EPA&rsquo;s rescission of the Endangerment Finding and the court challenges ahead.
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On February 12, the U.S. Environmental Protection Agency formally rescinded the endangerment finding, the 2009 determination that established the legal basis for federal regulation of greenhouse gas emissions. For 16 years, that finding has underpinned EPA climate policy, reflecting the agency&rsquo;s conclusion that greenhouse gases pose a threat to human health and that, under the law, it was required to regulate them.
The move represents a major shift in federal climate policy. But agencies cannot simply reverse themselves without making a legal case that can withstand court review. Cary Coglianese of the University of Pennsylvania Carey Law School and Shelley Welton of the Kleinman Center and Penn Carey Law examine the legal rationale behind the rescission and how it draws on recent Supreme Court decisions that have narrowed federal agency authority.
Rather than disputing climate science, the EPA&rsquo;s argument rests on a more limited reading of its powers under the Clean Air Act. Welton and Coglianese explain how that argument fits within the Court&rsquo;s evolving approach to administrative power, and what it could mean for the future of federal climate regulation.
Cary Coglianese is Director of the Penn Program on Regulation at the University of Pennsylvania Carey Law School.
Shelley Welton is Presidential Distinguished Professor of Law and Energy Policy with the Kleinman Center and Penn Carey Law.
Related Content
Policy Design Issues for Border Carbon Adjustments <a href="https://kleinmanenergy.upenn.edu/research/publications/policy-design-issues-for-border-carbon-adjustments/">https://kleinmanenergy.upenn.edu/research/publications/policy-design-issues-for-border-carbon-adjustments/</a>
Boomtowns in the Battery Belt: Risks and Opportunities of Clean Energy Investments in Small Towns of America <a href="https://kleinmanenergy.upenn.edu/research/publications/boomtowns-in-the-battery-belt-risks-and-opportunities-of-clean-energy-investments-in-small-towns-of-america/">https://kleinmanenergy.upenn.edu/research/publications/boomtowns-in-the-battery-belt-risks-and-opportunities-of-clean-energy-investments-in-small-towns-of-america/</a>
Energy Policy Now is produced by The Kleinman Center for Energy Policy at the University of Pennsylvania. For all things energy policy, visit kleinmanenergy.upenn.edu.

Energy Policy Now offers clear talk on the policy issues that define our relationship to energy and its impact on society and the environment. The series is produced by the Kleinman Center for Energy Policy at the University of Pennsylvania and hosted by energy journalist Andy Stone. Join Andy in conversation with leaders from industry, government, and academia as they shed light on today's pressing energy policy debates.

Energy Policy Now

Energy Policy Now offers clear talk on the policy issues that define our relationship to energy and its impact on society and the environment. The series is produced by <a href="https://kleinmanenergy.upenn.edu/podcast/">the Kleinman Center for Energy Policy</a> at the University of Pennsylvania and hosted by energy journalist Andy Stone. Join Andy in conversation with leaders from industry, government, and academia as they shed light on today's pressing energy policy debates.

Two legal experts discuss the strategy behind EPA’s rescission of the Endangerment Finding and the court challenges ahead.