Trump administration repeals 2009 Endangerment Finding

The Trump administration has repealed what is referred to as the Endangerment Finding. Part of the Clean Air Act, this was a ruling issued in 2009 by the US Environmental Protection Agency which stated greenhouse gases (GHGs) endanger public health and welfare.

The Endangerment Finding concluded that six GHGs, including carbon dioxide, pose a threat to general public welfare. This became the legal ruling on which a series of related decisions were based, including the introduction of vehicle GHG standards, power plant CO2 regulations and methane emissions limits.

Referred to as a ‘landmark’ ruling, the Endangerment Finding effectively established the federal government’s authority to regulate GHG emissions. Having survived multiple legal challenges, the finding further served as the basis for future federal climate targets and regulations.

Emissions from factory in Colorado (Photo: Science Photo Library via Reuters Connect)

Billed by the Trump administration as the ‘largest deregulatory action in American history’, there might be some confusion as to what the repeal of the Endangerment Finding will mean for engine and machine OEMs.

According to various media reports, the practical implications of the decision to repeal the Endangerment Finding will have little effect on short-term operations across the power sector, including machine OEMs.

In a report published by Fortune magazine, Eric Groten, senior partner for environmental and natural resources law at Vinson & Elkins, said: “We don’t have a bunch of fedora-wearing fat cats sitting around going, ‘I can’t wait until the endangerment finding gets repealed, so I can crank the CO2 all the way up.’”

He continued: “The idea that suddenly we’re going to have unregulated power is a false fear. We’ll be unwinding very little that has already been put in place.”

With that in mind, the rescission of the Endangerment Finding will have little direct impact on emissions across various industries. With the automotive and machine markets already well advanced on a path to increased electrification intended to reduce emissions, that technology direction is unlikely to see little if any change.

What it might support is the extended market life of the internal combustion engine. While emissions-cutting technologies will remain, there will be no enforced switch to cleaner alternatives, or even the use of low-CO2 fuels.

There is also the point that while many engine OEMs have their headquarters in the United States, most are represented in multiple markets around the world – areas where emissions regulations are still in place and engines must be verified as compliant before being offered to the market.

With that in mind, while the repeal of the Endangerment Finding could be seen as giving carte blanche to GHG producers, in actuality it would appear very little will change over the short- to medium-term.