BE CAREFUL WHAT YOU WISH FOR

The Trump administration announced its repeal of the endangerment finding last Thursday—and the situation has continued to develop ever since.

Already, 17 health and environmental organizations, including Earthjustice and the Natural Resources Defense Council, have filed a lawsuit against the Environmental Protection Agency. Our Children’s Trust and Public Justice filed another on behalf of 18 American youths. And now that EPA has published the revocation in the Federal Register, we have less than 60 days before the repeal takes effect, promising increased air pollution, negative health impacts, higher energy costs, and more climate chaos.

Whether it’s upheld or not will depend on the courts.

In the draft rule, EPA relied heavily on the Department of Energy’s controversial report, authored by five climate deniers and containing over 100 false or misleading claims. But after severe pushback—and a judge finding the Climate Working Group’s activities to be illegal—it’s hardly surprising that the final rule takes things in a different direction.

This time, the agency is arguing that the current interpretation of the Clean Air Act is too broad, and that it doesn’t have the authority to regulate pollutants that “indirectly” harm the public. It’s an approach the Supreme Court has already shot down once before—and one of many losing arguments at the heart of the repeal.

Of course, the administration knows this. But there’s a non-zero chance that a conservative-leaning Supreme Court will stand by its earlier rulings.

But things may not be as bleak as they first appear.

Consider the Rhodium Group’s analysis from last year. According to their report, even if EPA takes every deregulatory action they’ve proposed, including the repeal of the endangerment finding, emissions are still expected to fall by 26-35% by 2035. That’s just 6-9% less than what is currently projected—and it’s all thanks to the explosive growth of clean energy.

And this may be a case where the fossil fuel industry regrets getting what it wished for.

Since the endangerment finding, the federal government has been responsible for regulating the fossil fuel industry and holding it accountable for its emissions. This oversight has become the fossil fuel industry’s ultimate defense against litigation and regulation at the state and local level—and getting rid of it will cost them their biggest legal shield.

They’re getting exactly what they asked for—and it could turn out to be their undoing.

Now, we’re not saying this negates the severity of the situation. But there’s something inherently hopeful about the fact that this “total victory” for the Trump administration will do little to slow the rate of U.S. emissions reductions—and is all but guaranteed to backfire on the industry they’re fighting so desperately to uphold. It’s another entry on the administration’s long list of pyrrhic victories—and it’s only a matter of time before things come crashing down.

Join us as we keep up the fight, hold on to hope, and urge our elected officials to meet the moment with action!