Endangerment Finding repeal
How, Exactly, Has Trump Gone After EVs?
A close look at the Administration’s wreckage, in six steps
The second Trump Administration has brought a flood of obstacles to the national effort to transition away from petroleum-powered vehicles to electric vehicles (EVs). These challenges have come in many forms across multiple levels of government; they are in most cases completely unprecedented, and in many cases legally dubious (to put it mildly). The push …
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CONTINUE READINGDissecting EPA’s Endangerment Repeal: Series Wrap-Up:
Here’s what you need to know to understand the upcoming legal battles.
Yesterday was the last of five Legal Planet posts on EPA’s repeal of the Endangerment Finding, which it based on legal arguments that it has no power to regulate vehicle emissions of greenhouse gases. The series began with a quick overview of the issues. The remaining posts focus on the reasons that EPA was right to issue the Endangerment Finding in the first place in 2009, the legal precedents supporting the Endangerment Finding. and the impact of the repeal on future climate actions. The bottom line is that EPA was right to issue the Endangerment Finding and wrong to repeal it.
CONTINUE READINGWhat Happens to State Regulation if the Endangerment Findings are Gone?
Answer: State authority wouldn’t suffer from the change and might expand in some ways.
If the Trump EPA successfully repeals the endangerment findings for vehicles and stationary sources, states will be the only resort for climate regulation. A key question is how the repeals would impact state power to regulate carbon emissions. The bottom line answers are: (1) the impact on state power regulate tailpipe emissions seems unclear but could be positive, (2) there would be no effect on state power to regulate stationary sources like power plants, and (3) plaintiffs suing oil companies would probably benefit. The detailed analysis is below.
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