When they first announced their original Clean Energy Commitment in 2020, APS boasted about their plans to decarbonize. According to their own release, they weren’t doing what they described as the “easy thing” other utilities were doing–developing resource plans that still allow you to produce some carbon emissions, so long as you offset them elsewhere. No, they were committing to go “carbon free,” which means shutting down every single source of baseload power beside nuclear and replacing it entirely with solar, wind, and battery storage.
But late last week, APS announced a modification to their climate commitment. Instead of going carbon free, APS is switching to carbon neutral by 2050.
How is the new commitment different than the old one? For ratepayers worried about skyrocketing utility bills, it doesn’t change much…
Since taking office in January, President Trump has worked hard to restore sanity in America. While the wins have been stacking up in many areas, perhaps his administration’s most notable efforts have been in its pushback against the junk science driving the climate agenda.
Along with executive orders in January and April to unleash American energy, Trump’s Environmental Protection Agency (EPA) announced that it would be reversing a Biden administration regulation that held Arizona accountable for the eighty percent of emissions in the Maricopa County nonattainment area that emanated from outside of the state—primarily from China and Mexico.
While all that is good news, the Trump administration delivered quite possibly the best news yet for American energy last month when the EPA released its plan on rescinding the Endangerment Finding. And it has the climate cult drowning in their tears.
What is the Endangerment Finding?
Back in 2009, the Obama administration declared carbon dioxide (CO2) as a pollutant that threatens public health and welfare under the Clean Air Act. Of course, this ignored the fact that CO2 is one of the most important ingredients for building and sustaining life on Earth. But the Obama administration was never known for exercising commonsense, so it gave birth to this controversial policy by relying on cherry-picked scientific data to justify a vast expansion of regulatory power at the EPA.
Since its inception, the Endangerment Finding has been used as the basis for many of the green scam regulations impacting Arizona’s economy. During both the Obama administration and the Biden administration, the EPA passed new regulations on vehicles, factories, power plants, and other mobile sources all based on the alleged dangers of CO2. These mandates have cost the U.S. economy over a trillion dollars, and here in Arizona, they have been responsible for higher energy prices and higher utility bills.
But if the climate cult gets its way, it wouldn’t stop there…
The Environmental Protection Agency officially proposed to terminate what President Trump has long called the “climate hoax.” If successful, the federal government will be out of the climate regulation business with no hope of returning to it without congressional authorization.
The Trump EPA proposed to rescind a 2009 Obama EPA rule called the “endangerment finding.” In that rulemaking, the Obama EPA determined that emissions of greenhouse gases threatened human health and welfare by causing global warming. Simultaneously with the EPA proposal, the Trump Department of Energy issued a scientific report summarizing why emissions are actually a good thing and threaten nothing.
The scientific findings, however, are superfluous since EPA never had express authority from Congress to regulate greenhouse gases under the Clean Air Act in the first place. Controversy and litigation about EPA’s authority to regulate greenhouse gases resulted in the 2007 Supreme Court decision in Massachusetts v. EPA. In that case, the Court determined in a 5-4 holding that EPA could, but did not have to, regulate emissions.
But the decision was controversial. Clean Air Act co-author and famed Democrat Congressman, the late John Dingell, afterwards stated: “I think the Supreme Court came up with a very much erroneous decision on whether the Clean Air Act covers greenhouse gases. I was present when we wrote that legislation and we thought it was clear enough that it did not, and we didn’t clarify it thinking that even the Supreme Court was not stupid enough to make that finding.”
Following the decision, the Bush EPA decided that it would not regulate emissions. When the Obama administration came into power in 2009, it reversed the Bush EPA’s decision and began using the endangerment finding as the basis for regulation of smokestack and tailpipe emissions of greenhouse gases.
Although many questioned the scientific basis of the Obama EPA’s decision, it was impossible to get a judicial hearing on the science. Federal judges informally decided decades ago that they would defer to regulatory agency decisions on questions of science.
With the endangerment finding apparently firmly in place, the Obama administration, and later the Biden administration, proceeded to regulate tailpipe and power plant emissions of greenhouse gases.
Cracks in the ability of EPA to use the endangerment finding soon began to appear. In 2014, the Supreme Court determined that the Clean Air Act did not authorize EPA to use the endangerment finding to regulate emissions of greenhouse gases from industrial smokestacks. In 2022, the Supreme Court in West Virginia v. EPA nullified an effort to regulate emission from power plants, holding that EPA could not launch major regulatory programs without express congressional authorization.
Today, all that remains of EPA’s endangerment finding-based rules are tailpipe regulations in the form of the Biden EPA’s de facto EV mandate, a rule that the Trump administration is in the process of reversing.
Since the Obama EPA made the endangerment finding, electricity prices have soared. Gas prices and inflation soared during the Biden administration. Tens of thousands of high-paying coal miner jobs have been destroyed and their communities devastated.
Our electricity grid has been made less reliable by the advent of existentially subsidized wind and solar power. Periods of peak electricity demand like summer heat waves and winter cold spells now routinely result in blackout/brownout warnings. This problem will get worse before it gets better with the ongoing electricity demand from AI data centers and the re-industrialization of America.
Blue states and their climate activist allies will no doubt sue the Trump EPA to stop the rescission of the endangerment finding. But all this will accomplish is the Supreme Court almost certainly reversing its original sin committed in Massachusetts v. EPA. Some of us can’t wait.
Steve Milloy is a contributor to The Daily Caller News Foundation, a biostatistician, and lawyer, who publishes JunkScience.com and is on X @JunkScience.
The Trump administration recently unveiled a proposal to repeal the 2009 “Endangerment Finding,” a controversial U.S. climate policy that declared carbon dioxide and other greenhouse gases a threat to public health and welfare.
The Environmental Protection Agency’s (EPA) proposed rule, if finalized, would dismantle the legal foundation for numerous climate regulations under the Clean Air Act, repealing all resulting greenhouse gas emissions regulations for motor vehicles and engines.
EPA Administrator Lee Zeldin described the move as “the largest deregulatory action in the history of America,” arguing that the Endangerment Finding has been misused to impose costly regulations.
“There are people who, in the name of climate change, are willing to bankrupt the country,” Zeldin said. “They created this endangerment finding, and then they are able to put all these regulations on vehicles, on airplanes, on stationary sources, to basically regulate out of existence, in many cases, a lot of segments of our economy. And it cost Americans a lot of money.”
The proposal, which follows an executive order from President Trump, directs the EPA to review the findings’ legality. It is part of a broader push to roll back 31 environmental regulations.
Zeldin criticized the Obama and Biden administrations, saying they “twisted the law, ignored precedent, and warped science to achieve their preferred ends and stick American families with hundreds of billions of dollars in hidden taxes every single year.”
In states like Arizona, the Endangerment Finding has been used to enforce mandates and shut down energy sources that Arizona relies on.
The Arizona Free Enterprise Club celebrated the EPA’s proposal, viewing it as a critical step toward alleviating economic burdens imposed on Arizona families and businesses from overreaching environmental mandates.
The Club argues that the Endangerment Finding has forced the closure of reliable energy facilities and imposed costly environmental policies that have led to soaring utility costs and raised concerns about the reliability of the state’s energy grid.
Scot Mussi, President of the Arizona Free Enterprise Club, reacted to the Trump administration’s proposal, saying, “[The Endangerment Finding] has always been junk science used to shut down Arizona’s economy, close down our coal plants, and force our state into California-style green mandates. Repealing the Endangerment Finding is a necessary step to restore energy independence, protect ratepayers, and stop the unelected bureaucrats at the EPA from hijacking our economy in the name of climate alarmism.”
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
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.
