What's Up With The Endangerment Finding Litigation?
/Have you heard of the “Endangerment Finding” (EF)? You have if you have been reading this blog for any period of time.
The 2009 EF is likely the most consequential, expensive and destructive regulatory action ever put in place by the federal bureaucracy. In that action, EPA claimed to find that carbon dioxide and several other so-called “greenhouse gases” constitute a “danger” to human health and welfare. Using the EF as the predicate, the administrative state under the Obama and Biden presidencies implemented dozens of major regulations intended to transform the entire energy sector of the U.S. economy. Obama/Biden regulations based on the EF sought, for example, to force the closure of all fossil-fuel based power plants; to end the production of internal-combustion-based cars in favor of electric cars; to restrict drilling for oil and for natural gas; to halt construction of pipelines; and many, many other such things.
The total cost was heading well into the trillions when President Trump returned to office in 2025. One of Trump’s first day Executive Orders in his second term directed all agencies to “review” and then begin to “suspend, revise, or rescind” all agency actions “identified as unduly burdensome” to U.S. energy production. EPA promptly began a lengthy regulatory process to rescind the EF. The final rule doing away with the EF became final on February 13, 2026. I had a post reporting on the rescission on February 15.
If it withstands court challenges, the rescission of the EF is a death blow against the entire and vast climate grift industry. Obviously the rescission was going to unleash a tsunami of litigation.

