EPA Repeals Endangerment Finding, Raising Specter of Lawsuits

Reversal of Obama-era policy could open door for public nuisance suits against power companies over greenhouse gas emissions.

Published on Feb. 13, 2026

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The Trump administration's repeal of an Obama-era scientific finding that greenhouse gases pose a public health threat could open up a new pathway for filing lawsuits against power-plant operators and other companies. Legal experts say the policy reversal could lead to a surge in lawsuits known as 'public nuisance' actions, a pathway that had been blocked following a 2011 Supreme Court ruling that regulation of greenhouse gas emissions should be left in the hands of the Environmental Protection Agency instead of the courts.

Why it matters

The EPA's repeal of the endangerment finding, which has been the foundation for federal climate regulations, could have significant legal implications. With the EPA stepping back from greenhouse gas regulation, it may open the door for state and local governments, as well as environmental activists, to pursue common-law public nuisance claims against major emitters like power companies.

The details

The Trump administration's EPA has repealed a 2009 scientific determination known as the endangerment finding, which had led the agency to take action under the Clean Air Act to curb emissions of carbon dioxide, methane, and other heat-trapping air pollutants. Legal experts say this policy reversal could allow for a resurgence of public nuisance lawsuits that had previously been blocked by a 2011 Supreme Court ruling, which held that greenhouse gas regulation should be left to the EPA. Power companies have expressed concern that the repeal of the endangerment finding could trigger a wave of such lawsuits, even if the merits of the suits are questionable.

  • On February 12, 2026, the EPA repealed the 2009 endangerment finding.
  • In 2011, the Supreme Court ruled that regulation of greenhouse gas emissions should be left to the EPA.

The players

Environmental Protection Agency (EPA)

The federal agency responsible for environmental protection and regulation.

Lee Zeldin

The EPA Administrator who called the repeal of the endangerment finding 'the largest act of deregulation in the history of the United States.'

Edison Electric Institute

The trade association representing publicly traded electric utilities, which has expressed concern about the potential for increased litigation due to the repeal of the endangerment finding.

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What they’re saying

“This may be another classic case where overreach by the Trump administration comes back to bite it.”

— Robert Percival, University of Maryland environmental law professor (valawyersweekly.com)

“If the Clean Air Act no longer applies to greenhouse gas emissions, then there's no comprehensive statutory scheme in which Congress intended to displace nuisance claims, so they would likely be able to proceed in court.”

— Sarah Light, University of Pennsylvania law professor (valawyersweekly.com)

“This has the potential to change the stakes of the game. If the Clean Air Act no longer applies to greenhouse gas emissions, then there's no comprehensive statutory scheme in which Congress intended to displace nuisance claims, so they would likely be able to proceed in court.”

— Meghan Greenfield, Jenner & Block environmental lawyer (valawyersweekly.com)

What’s next

Legal experts predict that the repeal of the endangerment finding could lead to a surge in public nuisance lawsuits against power companies and other major emitters of greenhouse gases. The outcome of any such lawsuits will likely have significant implications for the future of climate change regulation and the ability of states and localities to hold companies accountable for their contributions to global warming.

The takeaway

The EPA's repeal of the endangerment finding, a key policy underpinning federal climate regulations, could open a new legal front for environmental activists and state/local governments to pursue common-law public nuisance claims against major greenhouse gas emitters. This regulatory rollback by the Trump administration may backfire, as it could enable the very lawsuits the administration sought to avoid by leaving greenhouse gas regulation to the EPA.