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Senate to scrutinize top EPA nominees over plans to undo climate findings

Senate to scrutinize top EPA nominees over plans to undo climate findings

On Wednesday, two Trump nominees for the U.S. Environmental Protection Agency to lead its deregulatory effort are expected to be questioned by the Senate about the agency’s plans to eliminate the basis of greenhouse gas emission regulations.

The question is whether or not the agency will unwind its 2009 "endangerment findings", which opened the door for regulating greenhouse gas emissions under the U.S. Clean Air Act. This finding also formed the basis of numerous EPA climate regulations, such as those on power plants and vehicle exhaust fumes.

According to two sources with knowledge of the situation, EPA Administrator Lee Zeldin recommended to the White House that they try to reverse the findings. The EPA confirmed that there was a report, but refused to disclose any details.

The Senate Environment Committee will consider the confirmation of Aaron Szabo as the EPA's Assistant Administrator for Air and Radiation and David Fotouhi as deputy administrator on Wednesday. These are two important roles that could lead efforts to undo the endangerment findings.

Despite industry opposition, when Fotouhi was EPA's general counsel under the first Trump administration the agency didn't pursue reversal.

Photouhi and Szabo did not respond to requests for comment.

In a case from 2007, Massachusetts v. EPA, the Supreme Court ruled that greenhouse gasses are air pollutants that fall under the Clean Air Act. The EPA is required to issue a determination that the presence of greenhouse gases in the air endangers public health and environment.

The EPA, under the former president Barack Obama, finalized this finding in 2009. And the 2022 Inflation Reduction Act – former President Joe Biden’s signature climate legislation – codified language deeming that greenhouse gases are air pollutant.

The Edison Electric Institute (a utility trade group) declined to comment on possible plans to rollback the endangerment findings but referred to a legal brief from 2022 in which the industry "has come to rely on EPA’s authority" to control greenhouse gases.

Brian Weiss, a spokesperson for the Alliance For Automotive Innovation, said that its members had not yet expressed their opinion on whether or not the endangerment ruling should be reversed.

Zeldin, a retired New York congressman, stated in his Senate confirmation that the endangerment findings gives EPA the authority to regulate greenhouse gas emissions, but the agency is not obligated to. (Reporting and editing by Chizu Nomiyama; Additional reporting by David Shepardson)

(source: Reuters)