EPA Revokes Clean Air Act Scientific Finding — Calling it the Largest Deregulation in U.S. History
On February 12, 2026, the U.S. Environmental Protection Agency (EPA) announced a final rule rescinding a foundational Clean Air Act scientific finding that greenhouse gases endanger human health and welfare. The agency described the action as the largest deregulatory move in U.S. history.
The original 2009 finding concluded that six greenhouse gases — including carbon dioxide — endanger public health and welfare, establishing the legal basis for federal greenhouse gas regulations affecting motor vehicles, power plants, and certain industrial sources.
For employers in manufacturing, automotive, transportation, energy, and related sectors, this represents a significant shift in federal climate regulatory authority, while also introducing potential legal and operational uncertainty.
Revocation of the Clean Air Act Scientific Finding
The 2009 Endangerment Finding concluded that greenhouse gases — including carbon dioxide, methane, and nitrous oxide — “endanger public health and welfare.” That determination triggered EPA’s obligation to regulate GHG emissions from motor vehicles under Section 202(a) of the Clean Air Act.
With this final rule, EPA has formally revoked the Clean Air Act scientific finding, determining that:
- The Clean Air Act does not provide authority to regulate greenhouse gases for global climate change purposes under Section 202(a).
- The prior interpretation exceeded statutory intent.
- Without a valid endangerment determination, federal GHG vehicle standards cannot remain in effect.
Removal of Motor Vehicle Greenhouse Gas Standards
Because the Clean Air Act scientific finding served as the predicate for federal vehicle GHG emission standards, the final rule eliminates those standards as well.
This action significantly alters the federal framework governing vehicle greenhouse gas emissions, though it does not automatically eliminate all climate-related programs nationwide.
Reactions and Broader Implications
Industry stakeholders, particularly in automotive manufacturing and energy-intensive sectors, have characterized the action as regulatory relief. Supporters argue that removing the Clean Air Act scientific finding reduces compliance costs, restores operational flexibility, and allows manufacturers to respond more directly to market demand rather than federal emissions mandates.
Environmental and public health organizations have warned that eliminating the Clean Air Act scientific finding could result in higher long-term vehicle emissions by slowing the transition away from gasoline-powered cars and trucks. They argue that increased emissions may contribute to air quality and climate-related health risks, particularly for children, older adults, and vulnerable populations. Several groups have indicated plans to challenge the rule in court.
What Employers Should Do Now
Although the revocation reduces certain federal regulatory obligations, employers should avoid assuming long-term regulatory stability.
Compliance Action Checklist
- Review compliance programs tied to federal GHG vehicle standards.
- Evaluate contractual or procurement assumptions based on prior federal emissions requirements.
- Monitor state-level programs that may maintain or expand independent greenhouse gas standards.
- Track litigation that could affect enforceability.
- Coordinate with environmental compliance advisors before modifying emissions strategies.
Our Commitment
Cardinal Compliance Consultants is committed to closely monitoring evolving regulatory changes, including developments related to the Clean Air Act scientific finding and any resulting implications for our clients, partners, families, and the environmental health and safety profession.
As federal and state agencies respond to this shift, we will continue evaluating how changes in regulatory authority may affect compliance obligations across industries.
If you have questions about how this development may impact your organization, contact us at any time. Our team is here to help you navigate regulatory uncertainty with clarity and confidence.
from Cardinal Compliance Consultants https://cardinalhs.net/blog/clean-air-act-scientific-finding/
via Cardinal Compliance Consultants
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