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US reverses key climate findings, creating uncertainty for businesses

Lawyers and trade groups say that the Trump administration's plan to undo U.S. Climate Regulation is a way for them to save money, but this could backfire and force automakers, utilities and manufacturers to face a future filled with regulatory uncertainty and litigation risks.

The Republican administration of President Donald Trump announced Tuesday that it would rescind a long-held finding that greenhouse gases endanger the health of humans, thus removing the legal basis for U.S. regulations on greenhouse gas emissions.

Environmental Protection Agency Administrator Lee Zeldin stated that the move would save companies up to $52 billion on environmental compliance costs. The move would eliminate limits on greenhouse gases pollution from vehicle exhaust pipes, power plants and smokestacks.

Lawyers said that companies who have already made significant investments to reduce emissions in order to meet government standards, as well as the demands of many shareholders, worry the proposal could lead them into a regulatory and judicial void.

Meghan Greenfield, a partner at Jenner & Block, and former EPA Counsel, who represents clients in the auto sector, said: "Industries with GHG standards established by EPA are long-time compliers and do not want them stripped away." The stability of the regulatory framework is important to industry as a base.

Zach Pilchen said that if the endangerment determination is repealed, companies will be required to adhere to a patchwork state law on climate change, rather than a single federal standard.

Camille Pannu is an associate professor of law at Columbia University. She said, "I believe that the administration has overlooked the fact that most industries have already retrofitted themselves for regulation." "The industry did want deregulation but perhaps not through this mechanism."

Sources from the former Trump administration said that during Trump's first tenure, the EPA declined to accept the endangerment findings because of the strong opposition from the industry and the risk involved in undermining federal authorities on this matter.

Three sources within the auto industry privately stated that the EPA’s proposal to repeal vehicle efficiency standards was much broader than expected. The proposal also eliminates air conditioning standards and requirements for battery monitoring.

Albert Gore is the executive director of Zero Emission Transportation Association. He said that the EPA's action to reverse a long-established law comes at a time when "clean" vehicle sales are steadily increasing and driving a boom in U.S. battery manufacturing and vehicle manufacturing.

According to Environmental Defense Fund, over the past decade manufacturers have invested $197.6 Billion in U.S. EV manufacturing and battery production facilities.

Gore stated that "taking backward steps, adding regulatory uncertainty, will harm consumers, unsettle markets, and complicate business decisions for automakers."

LUKEWARM REACTION

The industry groups' reactions to the EPA announcement have been reserved, with most saying that they will review the proposal in the coming weeks and provide comments.

Edison Electric Institute (EII), the main lobbying group for the electric utility sector, has said that it supports the EPA in establishing clear, consistent regulations to encourage infrastructure and investment.

EEI spokesman Jeremy Ortiz said: "It's essential that EPA uses its authority to create flexible regulations that take into account impacts on reliability and customer costs."

Around a quarter (25%) of U.S. greenhouse gases are emitted by the power industry. Over the past decade, this sector has reduced its carbon emissions steadily by replacing coal-fired generation with natural gas and solar.

EEI had sided in favor of the EPA (then part of the former president Joe Biden administration) in a Supreme Court case from 2022 in which West Virginia questioned the agency's power to regulate power stations.

In its brief, it stated that "Violating this authority could upset that predictability and consistency and potentially expose individual GHG emitters the idiosyncratic wishes of individual district courts judges."

The Alliance for Automotive Innovation is a group of auto industry professionals that welcomed the deregulation of tailpipes and said they were digesting a broader proposal for the repeal of the endangerment findings. Both the American Trucking Associations and the American Petroleum Institute praised the proposed repeal of vehicle exhaust rules.

The U.S. Chamber of Commerce also opposed repealing the law because of its effect on members.

Marty Durbin said Tuesday that the Chamber's Energy Institute, the Chamber's president, was reviewing the proposal and consulting with its members to provide constructive feedback.

(source: Reuters)