EPA Administrator Lee Zeldin described his move Tuesday to kill a 2009 scientific finding on climate change as “the largest deregulatory action in the history of America.”
But whether his agency is able to finalize the rollback will likely hinge on the courts.
His proposal to strike down the so-called endangerment finding for greenhouse gases threatens to take a wrecking ball to the legal foundation of modern day U.S. climate regulations, and risks having to face a gauntlet of courtroom challenges.
So EPA cloaked the proposal in arguments taken from four landmark Supreme Court decisions that it claimed support the conclusion that planet-warming gases don’t pose health dangers to people and, therefore, don’t qualify as air pollutants.