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U.S. to scrap legal cornerstone of climate regulations this week

February 11, 2026 6 min read Environment & Ecology International Relations GS3 (Environment) GS2 (International Relations)
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What Happened

  • The Trump administration will formally rescind the 2009 EPA Endangerment Finding this week, with EPA Administrator Lee Zeldin joining the President for the announcement
  • The Endangerment Finding was the legal foundation for all federal greenhouse gas regulations since 2009, including automobile emission standards, power plant CO2 rules, and oil-and-gas methane regulations
  • The White House described it as "the largest deregulatory action in American history," claiming it will save $1.3 trillion in regulatory costs
  • The administration argues that GHGs should not be treated as pollutants because their effects are "indirect and global rather than local"
  • Trump has also signed withdrawal from 66 international organisations including the UNFCCC and the IPCC; environmental groups and Democratic state governors have vowed legal challenges

Static Topic Bridges

EPA Endangerment Finding (2009)

The Endangerment Finding was a formal scientific and legal determination by the US Environmental Protection Agency under Section 202(a) of the Clean Air Act that emissions of six greenhouse gases from new motor vehicles endanger public health and welfare. Signed by the EPA Administrator on December 7, 2009, under the Obama administration, it comprised two distinct findings: an "endangerment finding" (that GHGs threaten public health) and a "cause or contribute finding" (that motor vehicle emissions contribute to GHG pollution). Published in the Federal Register on December 15, 2009, it became effective on January 14, 2010.

  • Legal basis: Clean Air Act Section 202(a), compelled by the 2007 Supreme Court ruling in Massachusetts v. EPA (549 U.S. 497)
  • Covered six well-mixed greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulphur hexafluoride (SF6)
  • Led to vehicle emission standards (Corporate Average Fuel Economy/CAFE standards), Clean Power Plan (2015), and methane regulations for oil-and-gas sector
  • Survived legal challenge in Coalition for Responsible Regulation v. EPA (D.C. Circuit, 2012) — the court held the Finding was "neither arbitrary nor capricious"
  • Received over 380,000 public comments during the original 2009 rulemaking; the 2025 rescission proposal also attracted hundreds of thousands of comments

Connection to this news: Rescinding the Endangerment Finding removes the scientific trigger that legally obligated the EPA to regulate GHGs, effectively dismantling the basis for all US federal climate policy built since 2009 — including automobile emissions standards, power plant CO2 rules, and methane regulations.

Clean Air Act (USA) — 1970 and 1990 Amendments

The US Clean Air Act is the primary federal law governing air quality. Originally enacted in 1963, it was comprehensively rewritten in 1970 (signed by President Nixon on December 31, 1970) and significantly amended in 1990. The 1970 amendments established the National Ambient Air Quality Standards (NAAQS), created the EPA, and set New Source Performance Standards (NSPS). The 1990 amendments introduced a cap-and-trade system for SO2 (acid rain programme) and expanded toxic air pollutant regulation to 189 substances.

  • Section 202(a): Requires EPA to set emission standards for motor vehicles if emissions endanger public health — the provision that made the Endangerment Finding mandatory after Massachusetts v. EPA (2007)
  • Section 111(d): Allows EPA to regulate existing stationary sources — basis for the Clean Power Plan
  • West Virginia v. EPA (2022): Supreme Court (6-3) held EPA exceeded its Section 111(d) authority; invoked major questions doctrine requiring "clear congressional authorization" for regulations of "vast economic and political significance"
  • Comparable Indian legislation: Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986

Connection to this news: While the Clean Air Act itself remains in force, rescinding the Endangerment Finding removes the scientific determination that compelled GHG regulation under the Act. The administration's argument that GHG effects are "indirect and global" attempts to sever the legal link between GHGs and the Clean Air Act's pollutant framework.

UNFCCC Framework and Paris Agreement

The UNFCCC was adopted on May 9, 1992, opened for signature at the Rio Earth Summit, and entered into force on March 21, 1994, with 198 parties. Its foundational principle is Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC), enshrined in Article 3(1). The Paris Agreement (COP21, December 12, 2015) requires each party to submit Nationally Determined Contributions (NDCs) reviewed every five years. The US relationship with Paris has oscillated: signed under Obama (2016), withdrawal announced by Trump (2017, effective November 2020), rejoined under Biden (February 2021), second withdrawal ordered January 2025.

  • UNFCCC: Adopted 1992, entered into force 1994, 198 parties; US Senate ratified the treaty in 1992
  • Paris Agreement: Aims to limit warming to well below 2°C, pursuing 1.5°C; entered into force November 4, 2016
  • India's updated NDC (August 2022): 45% emissions intensity reduction by 2030 from 2005 levels; 50% cumulative non-fossil fuel electric power capacity by 2030; net-zero by 2070
  • CBDR-RC principle (Article 3(1) of UNFCCC): Developed nations should take the lead; India has consistently invoked this at COPs
  • Trump signed withdrawal from 66 international organisations including UNFCCC and IPCC — the US would be the first country to withdraw from the UNFCCC itself

Connection to this news: The rescission of the Endangerment Finding, combined with withdrawal from UNFCCC and IPCC, represents a comprehensive US disengagement from both domestic and international climate governance. Without domestic regulatory infrastructure, US NDC targets become unachievable.

India's Climate Governance Framework

India's domestic environmental regulation rests on the Environment (Protection) Act, 1986, which serves as umbrella legislation enabling emission standards, Eco-Sensitive Zones, and EIA mandates. India ratified the Paris Agreement on October 2, 2016. At COP26 in Glasgow (2021), PM Modi announced India's Panchamrit commitments, formalised in the updated NDC submitted in August 2022.

  • Environment (Protection) Act, 1986: Enacted after the Bhopal gas tragedy (1984); implements EIA Notification (originally 1994, revised 2006)
  • National Action Plan on Climate Change (2008): 8 missions — National Solar Mission, Enhanced Energy Efficiency, Sustainable Habitat, Water Mission, Sustaining Himalayan Ecosystem, Green India, Sustainable Agriculture, Strategic Knowledge for Climate Change
  • India's updated NDC targets (August 2022): 45% emissions intensity reduction by 2030 (base 2005); 50% non-fossil fuel installed power capacity by 2030
  • India already achieved two earlier NDC targets ahead of schedule: 33-35% emissions intensity reduction and 40% non-fossil fuel capacity

Connection to this news: US withdrawal from climate governance strengthens India's diplomatic position to demand enhanced climate finance and technology transfer under CBDR-RC, while also reducing global mitigation ambition. The contrast between US regulatory dismantlement and India's incremental NDC enhancement is significant for India's climate diplomacy.

Key Facts & Data

  • EPA Endangerment Finding signed: December 7, 2009; published in Federal Register: December 15, 2009
  • Legal basis: Clean Air Act Section 202(a), mandated by Massachusetts v. EPA (2007, 5-4 decision)
  • Six GHGs covered: CO2, CH4, N2O, HFCs, PFCs, SF6
  • Clean Air Act: Originally 1963; major amendments in 1970 (created EPA, NAAQS) and 1990 (acid rain cap-and-trade, 189 toxic pollutants)
  • US current share of global GHG emissions: approximately 12% (second after China at ~26%)
  • US cumulative historical CO2 emissions: largest globally at approximately 20-25% of all-time total
  • UNFCCC: Adopted 1992, entered into force 1994, 198 parties
  • Paris Agreement: Adopted 2015 (COP21), entered into force November 4, 2016
  • India's updated NDC (August 2022): 45% emissions intensity reduction by 2030, 50% non-fossil fuel capacity, net-zero by 2070
  • Administration's claimed savings from rescission: $1.3 trillion
  • Trump withdrawal (January 2026): 66 organisations including UNFCCC, IPCC, and 31 UN entities