Mountain States Legal Foundation’s Center for American Prosperity & Energy (CAPE), applauds President Donald Trump and Environmental Protection Agency (EPA) Administrator Lee Zeldin for finalizing what they have called the largest deregulatory action in American history: the rescission of the 2009 Obama-era “endangerment finding.”
This landmark action restores the rule of law, reins in federal overreach, and lifts a crushing regulatory burden that has stifled American energy production, driven up consumer costs, and distorted the nation’s auto and power markets for more than a decade.
Ending the “Holy Grail” of Regulatory Overreach
The Clean Air Act, first enacted in 1970 and expanded upon until 1990, was designed to address traditional air pollutants such as smog, particulates, and carbon monoxide. It was never written with carbon dioxide in mind, nor did Congress classify CO₂ as a regulated pollutant under the statute.
Nevertheless, in 2009, the EPA issued the endangerment finding during the Obama Administration, following the Supreme Court’s decision in Massachusetts v. EPA (2007). That determination reinterpreted the Clean Air Act to treat greenhouse gases—including carbon dioxide—as threats to public health and welfare, despite the absence of clear congressional authorization.
The finding became the legal foundation for sweeping federal mandates affecting vehicles, power plants, and broad sectors of the American economy.
Over time, it evolved into the cornerstone of an expansive regulatory regime that reached far beyond the Clean Air Act’s original purpose. By rescinding the finding, the EPA is returning to a more faithful interpretation of the statute by focusing on traditional pollutants explicitly contemplated by Congress, rather than stretching decades-old law to regulate greenhouse gases in ways never clearly authorized by elected lawmakers.
Real Savings for American Families
According to the Administration’s economic analysis, the repeal is projected to save approximately $1.3 trillion between 2027 and 2055—equating to roughly $3,823 per American.
These savings include:
- $1.1 trillion in reduced vehicle costs
- $200 billion in avoided electric vehicle-related expenses, including charging infrastructure
Recent vehicle emissions mandates, including rules finalized in March 2024, were designed to ensure that two-thirds of new passenger vehicles sold by 2032 would be electric or hybrid. Additional regulations sought to require work trucks and tractors to cut carbon dioxide emissions by 25% to 60%, depending on weight class.
Those mandates imposed extraordinary compliance costs on manufacturers—costs inevitably passed down to the consumers.
EPA Administrator Zeldin estimates that eliminating these regulatory burdens could reduce average vehicle costs by approximately $2,400 per car.
Restoring Energy and Industrial Freedom
This repeal clears the way for reconsideration of Biden-era initiatives such as the so-called Clean Power Plan 2.0 and other greenhouse gas reporting requirements that imposed heavy compliance costs on American businesses.
For the mining, timber, oil, and natural gas sectors—industries at the heart of MSLF’s CAPE’s mission—this action represents a meaningful shift away from politically driven regulatory agendas and toward lawful, balanced governance.
Excessive climate-driven mandates have:
- Undermined American energy independence
- Threatened rural jobs and local economies
- Increased manufacturing and transportation costs
- Distorted markets in favor of government-preferred technologies
By scaling back these policies, the Administration is reaffirming that Congress—not unelected regulators—must make major economic and environmental policy decisions.
The Road Ahead
We expect legal challenges. Environmental advocacy groups have already signaled their intent to contest the repeal, citing climate policy concerns. But the central Constitutional question remains: who decides?
CAPE insists that Congress should debate and enact transformative national energy policy, rather than impose it through administrative reinterpretations of existing law.
The Clean Air Act was never intended to function as a blank check for comprehensive climate regulation. Restoring its original meaning strengthens both democratic accountability and economic freedom.
