EPA Moves to Repeal Climate Change Endangerment Finding

Experts say the goal is to get the issue before the Supreme Court while Trump is still in office.

Published on Feb. 10, 2026

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The Environmental Protection Agency is moving quickly to repeal a scientific determination that requires the federal government to combat climate change, known as the endangerment finding. Legal experts say the EPA's goal is to get the issue before the Supreme Court's conservative majority while President Trump is still in office, where they could potentially chip away at the government's power to regulate greenhouse gas emissions.

Why it matters

The endangerment finding has fueled fierce legal and political battles for over two decades. Repealing it could severely limit a future Democratic administration's efforts to fight global warming, as the conservative Supreme Court majority may rule that the EPA lacks the authority to regulate greenhouse gases under the Clean Air Act.

The details

The EPA is expected to argue that the Supreme Court got it wrong in the 2007 case Massachusetts v. EPA, and that Congress never explicitly gave the agency authority to regulate greenhouse gases. Once the repeal is finalized, environmental groups will likely challenge it in court, setting up a potential Supreme Court showdown.

  • In 2007, the Supreme Court ruled in Massachusetts v. EPA that the agency had the authority to regulate greenhouse gases.
  • In 2009, under President Obama, the EPA presented scientific evidence to prove that greenhouse gases pose a threat to public health and welfare.
  • On Thursday, the EPA will move to repeal the endangerment finding that requires the federal government to combat climate change.

The players

Lee Zeldin

The administrator of the Environmental Protection Agency.

Karoline Leavitt

The White House press secretary.

Jody Freeman

The director of Harvard Law School's Environmental and Energy Law Program.

Jeffrey Holmstead

An energy attorney with the law firm Bracewell and a former EPA official under President George W. Bush.

Carolyn Holran

A spokeswoman for EPA Administrator Lee Zeldin.

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What they’re saying

“They've moved very quickly, especially compared to the first Trump administration, where they didn't do much of anything in their first year. This time they're much more organized and they have a pretty clear playbook.”

— Jeffrey Holmstead, Energy attorney and former EPA official (New York Times)

“They want to not just do what other Republican administrations have done, which is weaken regulations. They want to take the federal government out of the business of regulation, period.”

— Jody Freeman, Director of Harvard Law School's Environmental and Energy Law Program (New York Times)

“Sixteen years ago, the Obama administration made one of the most damaging decisions in modern history — the 2009 endangerment finding. In the intervening years, hard-working families and small businesses have paid the price as a result.”

— Carolyn Holran, Spokeswoman for EPA Administrator Lee Zeldin (New York Times)

What’s next

Once the repeal of the endangerment finding is finalized, environmental groups are certain to challenge it in federal court. And even if the Trump administration suffers an initial setback there, it is likely to appeal to the Supreme Court.

The takeaway

This case highlights the Trump administration's aggressive efforts to limit the federal government's ability to regulate greenhouse gas emissions, even if it means taking the issue all the way to the Supreme Court. The outcome could have major implications for future administrations' efforts to combat climate change.