A ‘Dagger in the Heart’ of Climate Change Regulation

Overview

This episode delves into the Trump administration's move to repeal the endangerment finding, a foundational scientific and legal basis for regulating greenhouse gas emissions in the U.S. Lisa Friedman, a climate policy reporter, explains the history, significance, and potential consequences of this decision, highlighting its role in shaping climate regulations and the broader political and legal battles surrounding climate change.

Notable Quotes

- Repealing the endangerment finding has been the holy grail of a lot of groups that deny climate change. – Lisa Friedman, on the political motivations behind the repeal.

- It’s easier to kill the endangerment finding than it is to build it back up. – Lisa Friedman, on the challenges of reversing this decision in the future.

- This administration is taking away science to study climate change and the impacts. – Lisa Friedman, on the broader implications of the Trump administration's climate policies.

🌍 The Endangerment Finding: A Bedrock of Climate Regulation

- Established during the Obama administration, the endangerment finding legally determined that greenhouse gases pose a danger to human health and welfare, enabling the EPA to regulate emissions.

- It was based on extensive scientific evidence, including reports from the Intergovernmental Panel on Climate Change (IPCC) and U.S. government studies.

- This finding underpinned major climate policies like the Clean Power Plan, methane regulations, and stricter automobile emissions standards.

⚖️ Legal and Political Battles Over Climate Policy

- The fossil fuel industry and business groups initially opposed the finding, fearing overreach in emissions regulation. However, by 2016, many had accepted it as settled policy.

- The Trump administration weakened climate regulations but avoided challenging the finding in its first term, fearing legal and scientific defeat.

- In his second term, Trump aggressively targeted the finding, framing it as part of a broader effort to dismantle climate science within the federal government.

🛑 Arguments for Repealing the Finding

- The EPA under Trump argued that climate change is a global issue, beyond the scope of U.S. regulation.

- They introduced novel claims, such as factoring regulatory costs into the finding and questioning the effectiveness of emissions standards in addressing global climate change.

- Critics view these arguments as legally tenuous and politically motivated to satisfy climate change denialist constituencies.

📉 Shifting Public and Political Consensus on Climate Change

- The repeal reflects a broader shift in U.S. climate discourse, with growing polarization and declining Republican support for renewable energy solutions.

- While public opinion still largely supports government action on climate change, the urgency and consensus seen during the Obama era have waned.

- Activists and lawmakers face significant challenges in maintaining momentum for climate action amidst these setbacks.

🏛️ The Role of Congress and the Future of Climate Policy

- The lack of a federal law mandating carbon emissions reductions has led to regulatory whiplash between administrations.

- The repeal of the endangerment finding could push the issue back to Congress, raising the question of whether legislative action on climate change is achievable.

- Restoring the finding under a future administration would require rebuilding the scientific and legal foundation, a lengthy and complex process.