Womble Perspectives
Welcome to Womble Perspectives, where we explore a wide range of topics from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever-changing legal landscape. With a focus on innovation, collaboration and client service, we are committed to delivering exceptional value to our clients and to the communities we serve.
Womble Perspectives
The EPA’s Repeal Proposal and a Climate Policy Crossroads
In this episode, we’re diving into a development in environmental regulation—the EPA’s proposal to repeal its 2009 Endangerment Finding.
This isn’t just a technical tweak. It’s a foundational shift that could reshape how the United States approaches climate policy across sectors.
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Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.
With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.
Welcome back to Womble Perspectives, where we break down the legal and policy shifts shaping business and government today. In this episode, we’re diving into a development in environmental regulation—the EPA’s proposal to repeal its 2009 Endangerment Finding.
This isn’t just a technical tweak. It’s a foundational shift that could reshape how the United States approaches climate policy across sectors.
Back in 2009, the EPA determined that six greenhouse gases—like carbon dioxide and methane—pose a threat to public health and welfare. That finding gave the agency the authority to regulate greenhouse gas emissions from motor vehicles under the Clean Air Act.
But it didn’t stop there. Over the years, the EPA leaned on this finding to regulate emissions from oil and gas operations, aircraft, power plants, and even hydrofluorocarbons. It was the legal cornerstone of U.S. climate regulation.
Fast forward to August 2025. The EPA has proposed to repeal that 2009 finding, citing recent Supreme Court decisions—Loper Bright Enterprises v. Raimondo and West Virginia v. EPA—as justification. These rulings emphasized the “major questions” doctrine, which limits agencies from making sweeping regulatory decisions without clear congressional authorization.
The proposal is framed as targeting motor vehicle standards, but its implications are much broader.
The Environmental Protection Agency outlines three potential routes to repeal:
- Legal Interpretation: Arguing that section 202(a) of the Clean Air Act doesn’t authorize regulation based on global climate change.
- Scientific Reassessment: Claiming that the dire predictions from 2009 haven’t materialized, based on a new Department of Energy report.
- Technological Limitations: Asserting that current technology can’t reduce vehicle GHG emissions enough to impact global climate trends.
Each path signals a broader deregulatory agenda, even if the agency insists this proposal is limited to vehicles.
The public comment period is open until September 21, 2025. And while the proposal focuses on autos, stakeholders in oil and gas, aviation, and power generation should pay close attention. The reasoning here could ripple into future rulemakings.
Litigation is almost certain. And states with aggressive climate policies may respond with their own regulations, especially for stationary sources.
This proposal marks a pivotal moment in U.S. climate policy. Whether it leads to a full-scale rollback of greenhouse gas regulations or sparks a new wave of legal battles, one thing is clear: the regulatory landscape is shifting.
Stay tuned, stay informed, and we’ll keep you updated as things continue to unfold.
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