The Trump administration is gearing up to try to revoke one of the most overreaching, unscientific regulatory edifices ever erected: the EPA’s 2009 “endangerment finding.” News broke this week that the Environmental Protection Agency has drafted a plan to rescind this cornerstone of federal climate policy, which declared that greenhouse gases like carbon dioxide and methane pose a danger to human health and welfare.
If this move succeeds, it would limit the federal government’s ability to regulate carbon dioxide emissions from cars, power plants, and industries—a prospect that has the climate alarmist crowd clutching their pearls. And frankly, it’s about time someone challenged this rank absurdity.
Let’s take a walk down memory lane to 2009, when the Obama-era EPA, emboldened by the 2007 Supreme Court ruling in Massachusetts v. EPA, decided to anoint itself the arbiter of America’s energy future. The endangerment finding was born, asserting that CO2 – literally plant food, and the fundamental building block for all life on planet Earth – is actually a “pollutant” that “endangers public health” as defined under the Clean Air Act.
This vast expansion of the regulatory state wasn’t based on some groundbreaking scientific discovery but rather on a political agenda dressed up in green rhetoric. The finding has since provided the legal foundation for a slew of regulations, from tailpipe emissions standards to power plant rules, all designed to choke the fossil fuel industry and push the U.S. toward a so-called “clean energy” utopia that exists only in the fever dreams of climate activists.
Now, the Trump EPA, led by Administrator Lee Zeldin, appears poised to dismantle this house of cards. Zeldin’s draft proposal argues that the EPA overstepped its authority by issuing such a sweeping determination.
The plan focuses on a legal argument that the EPA’s administrator lacks the power to make broad proclamations about greenhouse gases without specific congressional authorization. This is a direct jab at the 2007 Supreme Court decision, a judicial overreach that gave unelected bureaucrats a blank check to regulate the economy. It is key to also remember that that decision came at a time when the Chevron Deference, which the Court did away with a year ago, was still in effect.
Adopted in 1984, the Chevron Deference held that courts must defer to the judgment of regulators when interpreting the congressional intent of federal statutes. But the Clean Air Act was never designed to regulate CO2, a point even the late Rep. John Dingell, a co-author of the law, made clear.
Of course, the climate alarm lobby will drag this fight into the courts, so overturning the finding will not be easy. The EPA must navigate a minefield of procedural requirements under the Administrative Procedure Act, and the alarmists will try to overwhelm the courts with claims that climate change has only grown since 2009, asserting that every extreme weather event somehow proves their case.
But the Trump administration isn’t denying climate change outright; it’s questioning whether the EPA has the legal authority to act as America’s climate czar. This is a fight worth having, because if the agency can regulate CO2 without clear congressional approval, what’s stopping it from declaring water vapor a pollutant next?
The bigger picture here illustrates the absurdity of the energy transition itself. The endangerment finding has been a cudgel to force a shift away from reliable, affordable fossil fuels toward a fantasy of windmills and solar panels that can’t power a modern economy. The U.S. is the second-largest emitter of greenhouse gases globally, but even if we zeroed out emissions tomorrow, global temperatures would barely budge without similar action from China and India.
Meanwhile, Americans bear the brunt of higher energy costs and a less reliable grid. Rescinding the endangerment finding could free up the economy to innovate without the EPA’s heavy hand, letting market forces—not bureaucrats—drive energy and climate solutions.
This move is a bold step toward dismantling the regulatory state’s stranglehold on American energy. It won’t be quick or easy, and the climate zealots will fight tooth and nail. But if the Trump administration can pull it off, it’ll be a victory for common sense over green dogma, a win for innovation over regulation. A long, hard fight lies ahead, but it is one worth having, and which is long overdue.
David Blackmon is a contributor to The Daily Caller News Foundation, an energy writer, and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
America’s carmakers face an uncertain future in the wake of President Donald Trump’s signing of the One Big Beautiful Bill Act (OBBBA) into law on July 4.
The new law ends the $7,500 credit for new electric vehicles ($4,000 for used units) which was enacted as part of the 2022 Inflation Reduction Act as of September 30, seven years earlier than originally planned.
The promise of that big credit lasting for a full decade did not just improve finances for Tesla and other pure-play EV companies: It also served as a major motivator for integrated carmakers like Ford, GM, and Stellantis to invest billions of dollars in capital into new, EV-specific plants, equipment, and supply chains, and expand their EV model offerings. But now, with the big subsidy about to expire, the question becomes whether the U.S. EV business can survive in an unsubsidized market? Carmakers across the EV spectrum are about to find out, and the outlook for most will not be rosy.
These carmakers will be entering into a brave new world in which the market for their cars had already turned somewhat sour even with the subsidies in place. Sales of EVs stalled during the fourth quarter of 2024 and then collapsed by more than 18% from December to January. Tesla, already negatively impacted by founder and CEO Elon Musk’s increased political activities in addition to the stagnant market, decided to slash prices in an attempt to maintain sales momentum, forcing its competitors to follow suit.
But the record number of EV-specific incentives now being offered by U.S. dealers has done little to halt the drop in sales, as the Wall Street Journal reports that the most recent data shows EV sales falling in each of the three months from April through June. Ford said its own sales had fallen by more than 30% across those three months, with Hyundai and Kia also reporting big drops. GM was the big winner in the second quarter, overtaking Ford and moving into 2nd place behind Tesla in total sales. But its ability to continue such growth absent the big subsidy edge over traditional ICE cars now falls into doubt.
The removal of the per-unit subsidies also calls into question whether the buildout of new public charging infrastructure, which has accelerated dramatically in the past three years, will continue as the market moves into a time of uncertainty. Recognizing that consumer concern, Ford, Hyundai, BMW and others included free home charging kits as part of their current suites of incentives. But of course, that only works if the buyer owns a home with a garage and is willing to pay the higher cost of insurance that now often comes with parking an EV inside.
Decisions, decisions.
As the year dawned, few really expected the narrow Republican congressional majorities would show the political will and unity to move so aggressively to cancel the big IRA EV subsidies. But, as awareness rose in Congress about the true magnitude of the budgetary cost of those provisions over the next 10 years, the benefit of getting rid of them ultimately subsumed concerns about the possible political cost of doing so.
So now, here we are, with an EV industry that seems largely unprepared to survive in a market with a levelized playing field. Even Tesla, which remains far and away the leader in total EV sales despite its recent struggles, seems caught more than a little off-guard despite Musk’s having been heavily involved in the early months of the second Trump presidency.
Musk’s response to his disapproval of the OBBBA was to announce the creation of a third political party he dubbed the American Party. It seems doubtful this new vanity project was the response to a looming challenge that members of Tesla’s board of directors would have preferred. But it does seem appropriately emblematic of an industry that is undeniably limping into uncharted territory with no clear plan for how to escape from existential danger.
David Blackmon is a contributor to The Daily Caller News Foundation, an energy writer, and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
The week just passed was a rough one for California Governor Gavin Newsom. Early in the week, Newsom’s complete lack of leadership in his home state combined with a similar dereliction of duty by Los Angeles Mayor Karen Bass to justify President Donald Trump’s move to activate both the National Guard and 700 U.S. Marines to move into downtown Los Angeles to control escalating riots there.
As if that weren’t humiliating enough, President Trump held a White House ceremony Thursday during which he signed a series of three resolutions passed under the Congressional Review Act (CRA) designed to kill California’s electric vehicle (EV) mandate which has been a centerpiece of Newsom’s regulatory policies.
“Under the previous administration, the federal government gave left-wing radicals in California dictatorial powers to control the future of the entire car industry all over the country,” Trump said in remarks preceding the signing. “It’s been a disaster for this country.”
In response, Newsom said in a statement, “The weaponization of the Congressional Review Act to attack California’s waivers is just another part of the continuous, partisan campaign against California’s efforts to protect the public and the planet from harmful pollution.” It’s pretty weak sauce, but it’s all he has at this point.
Well, except for another round of lawfare, that is. Within minutes of Trump’s affixing his signature (no autopen involved) to the resolutions, California Attorney General Rob Bonta had filed a lawsuit challenging the resolutions in the U.S. District Court for the Northern District of California. Bonta was joined by Democrat attorneys general from 10 other states.
KCRA Channel 3 TV in Sacramento pointed out that this suit is the 26th time Bonta has sued the Trump administration since January. Bonta admitted during his press conference that his office has already spent $5 million in pursuing its Trump-focused lawfare agenda, but no worries: The state assembly recently authorized a $25 million boost to Bonta’s budget to continue his Quixotic strategy.
repeal a waiver under the clean air act issued by the Biden EPA in 2023 which allows California to mandate all new cars sold by 2035 be what the California Air Resources Board (CARB) classifies as “zero emissions vehicles,” or ZEVs;
block rules requiring zero-emission sales targets for commercial trucks; and
eliminate higher standards for heavy-duty diesel engines to reduce smog-forming nitrogen oxide pollution.
The central claim in Bonta’s lawsuit is that Congress’s use of the CRA to revoke California’s Clean Air Act waivers is unprecedented and illegal. Enacted in 1996, the CRA gives congress authority to revoke regulations that are finalized by an outgoing administration. Passed on a bipartisan vote of congress, it is designed to limit the exact sort of effort witnessed in the final months of the Biden administration to shove through as many new regulations as possible before leaving office.
CRA actions are exempt from the Senate filibuster and not subject to judicial review. However, because the CRA has rarely been invoked since it became law, it has never previously been used to rescind a waiver issued by EPA or any other federal regulator. Bonta is banking on the federal courts being willing to intervene based on an argument that the issuance of a waiver does not constitute a regulatory action. While what we’ve seen over the last five months indicates a likelihood that Bonta and his fellow plaintiffs will be able to shop for a district court judge who will be willing to issue a temporary injunction, their prospects of prevailing at the appellate level or the U.S. Supreme Court seem dim.
Sen. Shelley Moore Capito (R-W.Va.), who authored one of the resolutions, frames the issue as a defense of consumer choice, telling Politico, “These mandates force Americans into vehicles they don’t want or can’t afford, all while ignoring the realities of our grid and supply chains.” The reality is that few Americans really want to buy EVs, which is the motivator for Newsom’s attempt to force them.
It’s all bad news for Gov. Newsom, who has been relegated to a complaining bystander in his own state as others act to address problems of his own creation. That’s no way to run a state, Governor.
David Blackmon is a contributor to The Daily Caller News Foundation, an energy writer, and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
Australia-based energy firm Woodside announced Monday plans to invest $17 billion in a new liquefied natural gas export facility to be sited in south Louisiana. Company CEO and Managing Director Meg O’Neill said the Louisiana LNG facility represents the single largest greenfield energy project investment, and the largest foreign direct investment in the state’s history.
In a release, the company said the project will support 15,000 jobs during the construction phase and, when completed, will sport a total export capacity of more than 27 million tons per annum of LNG. Originally named the Driftwood LNG project by previous owner Tellurian, Woodside acquired the project in 2024 for just $900 million.
The timing of Woodside’s announcement on Monday, which represented the 99th day of President Donald Trump’s second administration, serves to symbolize the impressive success the President and his senior appointees have had in completely changing the energy and climate policy debate in the U.S. across their first 100 days. Nowhere has this sea change in policy been more obvious than as it relates to the LNG export industry.
When Trump was sworn into office on January 20, America’s LNG sector had spent the previous 358 days as a target of demonization by former President Joe Biden and his senior officials. That stemmed from the decision by the White House to implement a so-called “pause” in permitting of new LNG facilities like Louisiana LNG on January 27 last year. Prior to last November’s election, that pause appeared destined to become a permanent feature of federal policy had Kamala Harris won the presidency.
President Trump canceled the Biden pause with a Day 1 executive order, and the industry has since resumed the pace of rapid expansion that had made it one of America’s great growth industries prior to Biden’s irrational move last year.
The resumption of the LNG industry’s rapid growth path is just one of many success stories which Trump’s energy team of Interior Secretary Doug Burgum, Energy Secretary Chris Wright, and EPA Administrator Lee Zeldin can point to at the end of this first 100 days time period.
At Interior, Secretary Burgum can point to his efforts to return the federal oil and gas leasing program to normal order both onshore and offshore after four years of its being held hostage by Biden’s Interior Secretary Deb Haaland. He can also highlight last week’s announcement detailing efforts to speed up permitting approvals related requirements under the Endangered Species Act, the National Environmental Policy Act, and the National Historic Preservation Act.
Zeldin is able to point to his effort to freeze $20 billion in highly questionable grants awarded by his predecessor, Michael Regan, during the final days of the Biden presidency, and claw them back a major savings. He has also embarked on a study focused on the potential reversal of the Obama EPA’s endangerment finding on greenhouse gases, a finding that classifies carbon dioxide, the fundamental building block for all life on Planet Earth, as a pollutant which can be regulated under the Clean Air Act. A successful reversal of that finding could lead to the restoration of honesty in air quality regulation and a focus on elimination of real pollution, which was the intent of the law as it was passed by congress.
Secretary Wright has less ability to directly impact regulatory polices to the nature of his job, but he has become the most effective spokesman for commonsense energy policies to ever hold the Energy Secretary position. He has not shied away from taking on controversial topics, like the need to revitalize the nation’s coal industry to take advantage of America’s enormous wealth of that resource. Wright has also been very blunt and effective in highlighting the role the wind industry has played in forcing consumer utility costs up to all-time highs under the Biden administration.
Taken as a whole, it is hard to imagine a more impactful 100 days related to energy and climate policy than this administration has achieved. Trump’s legion of critics won’t agree with the direction he and his appointees have taken, but they can’t honestly claim they aren’t producing major results. For Trump and his team, it is a simple case of promises made, promises kept.
David Blackmon is a contributor to The Daily Caller News Foundation, an energy writer, and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
News broke last week that the Biden Department of Energy (DOE), led by former Secretary Jennifer Granholm, was so dedicated to the Biden White House’s efforts to damage the dynamic U.S. LNG export industry that it resorted to covering up a 2023 DOE study which found that growth in exports provide net benefits to the environment and economy.
“The Energy Department has learned that former Secretary Granholm and the Biden White House intentionally buried a lot of data and released a skewed study to discredit the benefits of American LNG,” one DOE source told Nick Pope of the Daily Caller News Foundation.. “[T]he administration intentionally deceived the American public to advance an agenda that harmed American energy security, the environment and American lives.”
And “deceived” is the best word to describe what happened here. When the White House issued an order signed by the administration’s very busy autopen to invoke what was supposed to be a temporary “pause” in permitting of LNG infrastructure, it was done at the behest of far-left climate czar John Podesta, with Granholm’s full buy-in. As I’ve cataloged here in past stories, this cynical “pause” was based on the flimsiest possible rationale, and the “science” supposedly underlying it was easily debunked and fell completely apart over time.
But the ploy moved ahead anyway, with Granholm and her DOE staff ordered to conduct their own study related to the advisability of allowing further growth of the domestic LNG industry. We know now that study already existed but hadn’t reached the hoped-for conclusions.
The two unfounded fears at hand were concerns that rising exports of U.S. LNG would a) cause domestic prices to rise for consumers, and b) would result in higher emissions than alternative energy sources. As the Wall Street Journal notes, a draft of that 2023 study “shows that increased U.S. LNG exports would have negligible effects on domestic prices while modestly reducing global greenhouse gas emissions. The latter is largely because U.S. LNG exports would displace coal in power production and gas exports from other countries such as Russia.”
An energy secretary and climate advisor interested in seeking truth based on science would have made that 2023 study public, and the “pause” would have been a short-lived, temporary thing. Instead, the Biden officials decided to try to bury this inconvenient truth, causing the “pause” to endure right through the final day of the Biden regime with a clear intention of turning it into permanent policy had Kamala Harris and her “summer of joy” campaign managed to prevail on Nov. 5.
Fortunately for the country, voters chose more wisely, and President Trump included ending this deceitful “pause” exercise as part of his Day One agenda. No autopen was involved.
So, the thing is resolved in favor of truth and common sense now, but it is important to understand exactly what was at stake here, exactly how important an industry these Biden officials were trying to freeze in place.
In an interview on Fox News Monday, current Energy Secretary Chris Wright did just that, pointing out that, fifteen years ago, America was “the largest importer of natural gas in the world. Today, we’re the largest exporter.”
He went onto add that, “the Biden administration put a pause on LNG exports 14 months ago, January of 2024, sending a message to the world that maybe the US isn’t going to continue to grow our exports. Think of the extra leverage that gives Russia, the extra fear that gives the Europeans or the Asians that are dying for more American energy.”
Then, Wright supplied the kicker: “They did this in spite of their own study that showed increasing LNG exports would reduce greenhouse gas emissions and have a negligible impact on price.” It was an effort, Wright concludes, to kill what he says is “America’s greatest energy advantage.”
This incident is a stain on the Biden administration and its senior leaders. The stain becomes more indelible when we remember that, when asked by Speaker Mike Johnson why he had signed that order, Joe Biden himself had no memory of doing so, telling Johnson, “I didn’t do that.”
Sadly, we know now there’s a good chance Mr. Biden was telling the speaker the truth. But someone did it, and it’s a travesty.
David Blackmon is a contributor to The Daily Caller News Foundation, an energy writer, and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
