Arizona will be fighting the Trump administration over its deregulation of motor vehicle and engine emissions.
Attorney General Kris Mayes announced her decision to sue the Environmental Protection Agency (EPA) alongside a coalition of states, counties, and cities over the agency’s decision last month to rescind the 2009 Greenhouse Gas Endangerment Finding.
The 2009 Greenhouse Gas Endangerment Finding followed the Supreme Court ruling Massachusetts v. EPA in 2007 granting the EPA authorization to regulate greenhouse gas emissions. The 2009 Greenhouse Gas Endangerment Finding resulted in emissions regulations for new motor vehicles and motor vehicle engines.
Mayes and the EPA disagree as to whether the Supreme Court’s 2007 ruling and the 2009 Greenhouse Gas Endangerment Finding were connected. Mayes maintains the decision directly gave the EPA regulatory authority, but the EPA maintains the decision merely recognized greenhouse gas emissions as air pollutants.
The EPA justified its decision based on its reading of the Clean Air Act (CAA), first established in 1965, and Supreme Court decisions overruling EPA regulations following the 2007 decision.
The EPA determined it lacked statutory authority to regulate greenhouse gas emissions for motor vehicles, specifically citing Section 202(a) of the CAA. Additionally, the EPA determined that its regulations “have not and cannot have any material impact on global climate change concerns, rendering them futile.”
According to the EPA, the 2009 Greenhouse Gas Endangerment Finding served as the legal prerequisite for the Biden administration’s push toward an electric vehicle mandate and the vehicle manufacturer industry shift toward start-stop features in cars.
As a result of the EPA’s new rule, engine and vehicle manufactures won’t be obligated to measure, control, or report greenhouse gas emissions for any highway engine and vehicle. Their action grandfathered in model years manufactured prior to the rule.
The EPA estimated the rescission amounted to “the largest deregulatory action in U.S. history,” and would save Americans over $1.3 trillion in vehicle costs. That amounts to an estimated $2,400 in savings for new cars and trucks.
The EPA issued a notice clarifying which regulations will be impacted by their new final rule. (A full regulatory impact analysis was made available here).
Mayes accused the Trump administration of rushing the rulemaking process and “blatantly disregarding the law and science.” Mayes blamed emissions for climate change, citing Arizona’s recent years of record summer heat and wildfires.
“On the day we file this lawsuit, much of Arizona is under an extreme heat warning due to an unprecedented early heatwave that has spiked temperatures over twenty degrees above normal,” said Mayes. “It is abundantly clear that greenhouse gas pollution has fueled climate change in our state and across the entire planet. The decision by the Trump administration to rescind the Endangerment Finding will only accelerate climate change. Putting the profits of the fossil fuel industry over the future of our planet is a failure of historic proportions and we will fight it with every tool we have.”
Mayes joined the lawsuit filed by the attorneys general for 22 states and D.C.: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Nevada, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin. Their lawsuit was also joined by the governor of Pennsylvania, eight cities across seven states, and four counties across three states.
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On a crisp, sun-drenched afternoon in the spring of 2023, I found myself walking down Constitution Avenue in Washington, D.C., in front of the William Jefferson Clinton Building, headquarters of the U.S. Environmental Protection Agency (EPA).
Standing in its shadow, I wondered when, or if, sanity would ever return to the building. My mind drifted to the regulatory malfeasance that gave this agency power to treat carbon dioxide (CO2) as a pollutant, the 2009 Endangerment Finding.
For years, this bureaucratic decree masqueraded as settled science. Climate zealots claimed CO2 and other greenhouse gases threatened public health as agents of planetary overheating, ignoring both a paucity of supporting data and contradictory evidence that inexorably accumulated.
Now, three years after my visit, EPA has rescinded the regulation as it applies to motor vehicles. The basis of its action is twofold: First, the agency has concluded that by attempting to regulate greenhouse gases, EPA exceeded its authority under the 1970 Clean Air Act. Second, the environmental effect of regulating tailpipe emissions of greenhouse gases is negligible.
There is more to be done. Reason and good sense would have the EPA remove the Endangerment Finding’s hold over industrial emissions of greenhouse gases, like those coming from power plants, and would undertake to dismantle the rule’s flimsy scientific justifications.
Nevertheless, EPA’s action undermines an ideological foundation for the broad attacks on fossil fuels that have constrained American prosperity and choked the developing world’s aspirations for modern lifestyles.
The 2009 regulation was used to justify the Obama administration’s Clean Power Plan – part of the so-called War on Coal – and tailpipe emissions standards that forced unwanted electric vehicles onto dealership lots. The rule has contributed to the closing of power plants, energy shortages, high electricity prices, and multiple billion-dollar losses for car manufacturers whose customers mostly prefer internal combustion engines. It has also fueled endless litigation against producers of hydrocarbon fuels.
Because CO2 is necessary for all life, beginning with its role in plant photosynthesis, regulation of the gas gave EPA jurisdiction over the entire U.S. economy. Climate crusaders abroad followed EPA’s lead.
Worldwide, the economic waste resulting from the rule is staggering. The Climate Policy Initiative estimates that between 2011 and 2020 that climate spending totaled $4.8 trillion. Estimates for “energy transition investment” – money dumped into the wind, solar and EV rat hole – was $2.3 trillion in 2025 alone.
That is trillions diverted from healthcare, infrastructure, education and genuine alleviation of suffering and advancement of human flourishing. Imagine those resources being directed to improving carbon-intensive energy sectors that have produced the wealthiest and healthiest civilizations in all of history.
Since the dawn of the industrial age, we have witnessed an unprecedented increase in global life expectancy. We have seen a drastic reduction in deaths from natural disasters – not because the weather is milder, but because people are better protected by modern infrastructure and technology made possible by fossil fuels. We have achieved historic highs in agricultural production, feeding a population of 8 billion.
CO2 has played a pivotal role in the greening of the Earth, acting as an atmospheric fertilizer that boosts crop yields and expands forests. Even methane, demonized alongside CO2, is merely a byproduct of a livestock industry essential for providing protein to a ballooning global population. Emissions of neither gas contribute significantly to global temperatures.
Once the EPA designated CO2 a legal hazard, U.S. diplomats, aid agencies and technical experts carried that framing into global climate negotiations, development programs and financing arrangements.
Over time, the EPA’s stance became a de facto reference point for regulators elsewhere. If the U.S. “gold standard” for environmental protection treated CO2 as an endangerment, ministries from Europe to Asia would use similar language in national climate laws.
With the EPA backing away from its regulation of greenhouse gases, developing countries should waste no time in severing whatever restrictions Western climate overseers have placed on their use of fossil fuels. For too long, climate policies have impeded economic growth and denied access to reliable supplies of electricity, to safer indoor fuels for cooking and heating, to refrigeration and to clean water. The result has been higher rates of morbidity and mortality among the world’s poor.
CO2 is not the enemy of humankind. Misguided attempts to criminalize its emissions are!
Vijay Jayaraj is a contributor to The Daily Caller News Foundationand Science and Research Associate at the CO2 Coalition, Fairfax, Va.He holds an M.S. in environmental sciences from the University of East Anglia and a postgraduate degree in energy management from Robert Gordon University, both in the U.K., and a bachelor’s in engineering from Anna University, India. He served as a research associate with the Changing Oceans Research Unit at University of British Columbia, Canada.
Writing at Axios, energy writer Amy Harder says “The climate agenda’s fall from grace over the past year has been stunning — in speed, scale and scope.” Harder quotes oil historian and S&P Global vice-chairman Dan Yergin as saying, “There’s no handwaving about how ‘We want to cooperate on climate.’ It’s, ‘We’re slamming the door on that issue.’ We’ve gone from over-indexing it to zero-indexing it.”
Polling has never shown climate change as being an issue of primary concern to American voters. Americans have consistently been more worried about issues that impact their daily lives today than about warnings from modern-day P.T. Barnums like U.N. Secretary General Antonio Guterres about some nebulous “highway to hell” and “the age of global boiling. The issue had been slowly losing its effectiveness during the Biden years even as that administration tried to memorialize the movement’s objectives in policy.
Even Democrat politicians have quit talking about the so-called “climate emergency” which used to be a central plank in their talking points list. When was the last time you heard New York Democratic Rep. Alexandria Ocasio Cortez, co-author with Massachusetts Democratic Sen. Ed Markey of the “Green New Deal” introduced in 2019, talk about the supposed need to force ordinary citizens to give up their cars, flying, and vacations and spend trillions on a nationwide network of high-speed rails to save the planet? When was the last time you heard any Democrat utter the phrase “Green New Deal,” for that matter? It simply doesn’t happen anymore.
One of the motivators for the political abandonment of the climate scam by Democrats came from a pre-election analysis from the center-left Searchlight Institute last November. That memo advised Democrat candidates to avoid using the term “climate change” entirely, and to focus on the supposed cost savings to be obtained by switching to green energy solutions. Never mind that such cost savings are a myth: The truth doesn’t matter. What matters is the ability to influence voters with the message.
Therein lies the central existential threat to the movement’s survival in the coming years.
For decades, liberal politicians and climate advocates were able to advance the climate alarm agenda by creating, well, alarm among the public that the world is going to end if we don’t stop putting too much carbon dioxide into the atmosphere. Always the messaging had a deadline claiming, “We only have X number of years to stop burning fossil fuels before it’s too late!” Over the past 40 years, that deadline to act has given the term “moving the goalposts” a new green meaning.
AOC claimed the drop-dead date was only 12 years in the future as she rolled out her ambition to control everyone’s daily lives in the name of climate alarm in 2019. But the very next year, in 2020, child activist Greta Thunberg moved the goalposts to a mere five years. But wait: Just a year later, Joe Biden read a script from his teleprompter that set the deadline at 10 years. It’s all so darn confusing.
No doubt, these politicians and activists wish they could erase their past claims from everyone’s memory. Their trouble is, the Internet is forever.
Advocates were even successful in convincing Barack Obama’s EPA to dummy up an Endangerment Finding declaring that carbon dioxide is in fact a “pollutant” that must be regulated under the Clean Air Act in order to save the planet. Never mind that CO2, otherwise known as plant food, the foundational basis for all life on Planet Earth: The truth doesn’t matter.
Now, it appears that the movement is inheriting the wages of decades of deception with a sudden and stunning fall from grace. It could not happen to a more deserving bunch of people.
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.
President Trump has certainly shaken up, if not severely damaged, the climate hoax and Green New Scam in just 10 short months. Here’s a list of his 10 top climate-related accomplishments for which we should all be thankful this holiday season:
The Environmental Protection Agency (EPA) has proposed to end the government’s “scientific” basis for the climate hoax by rescinding the Obama EPA’s 2009 illegal and incorrect determination that emissions of greenhouse gases endanger the public welfare. As part of this effort, the Department of Energy issued a report by top climate scientists concluding that U.S. greenhouse gas emissions will have no detectable effect on global climate change.
President Trump, again, pulled the U.S. out of the 2015 Paris Climate Accord, an unconstitutional effort by Presidents Obama and Biden to adopt a United Nations treaty without ratification by the Senate.
The One Big Beautiful Bill Act terminated hundreds of billions of dollars of the climate-related “Green New Scam” spending of the (so-called) Inflation Reduction Act, including all subsidies for electric vehicle purchases.
President Trump has directed his administration to reduce Green New Scam spending that survived the One Big Beautiful Bill by means of bureaucratic review, red tape and delay. The rent-seeking and piratical thieves who want to steal from taxpayers played hardball to save some of their ill-gotten gains. The President is now showing, rather impressively, that he can play hardball right back.
President Trump signed into law a bill terminating California’s electric vehicle mandate. Greens had tried to mandate EVs in California to force carmakers to only make EVs for the entire nation. Thanks to the President, that will not happen in the foreseeable future.
The EPA scored an appellate court victory in its effort to reclaim $20 billion in Biden EPA Green New Scam panic spending made infamous by the Project Veritas video, “We’re Throwing Gold Bars Off the Titanic.”
President Trump halted a number of offshore wind projects and cut funding for many others. There are other projects that deserve to be terminated, such as the largest U.S. offshore wind farm being built by Virginia’s Dominion Energy, but a great start has been made so far.
Stunningly, President Trump stopped cold a U.N. treaty to implement a global tax on shipping emissions by threatening would-be signatories with tariffs. This treaty would have been the first global climate tax.
President Trump boycotted and sent no delegation to the United Nations climate conference (COP-30) in Brazil, rendering the annual meeting even more confused and meaningless than it usually is.
President Trump delivered a blistering speech to the United Nations blasting the climate hoax for about 15 minutes or so. The President summed up his views on climate in this one memorable sentence: “The carbon footprint is a hoax, made up by people with evil intentions and they’re heading down a path of total destruction.”
That’s quite a list. But much is left to be done. Some of the big items are as follows:
The EPA must finalize its rescission of the endangerment finding and then successfully defend the rescission in the Supreme Court.
All the Green New Scam spending must be terminated as soon as possible. Every dollar spent is a dollar stolen from taxpayers and invested in making us more energy dependent on Communist China.
It is not enough to withdraw only from the Paris Climate Accord. President Trump must withdraw the United States from the 1992 parent treaty, the United Nations Framework Convention on Climate Change (UNFCCC).
And it would be really awesome if President Trump also withdrew the U.S. from the 1987 Montreal Protocol, the bogus treaty allegedly addressing the imaginary “ozone hole.” That treaty, the follow-on Kigali Amendment ratified during the Biden administration, and language in the American Innovation and Manufacturing Act of 2020 signed by President Trump, has only been used to make refrigeration and air conditioning pointlessly more expensive.
I heard Al Gore tell a group of conservatives in January 2006 that the real purpose of the Montreal Protocol was to demonstrate that a global environmental treaty could be implemented. That “success” was then subsequently used as precedent for the UNFCCC and its spinoff climate treaties, the Kyoto Protocol and Paris Climate Accord. The ozone hole hoax paved the way for the climate hoax and Green New Scam. It’s all been a multi-trillion-dollar fraud on American consumers and taxpayers.
America became great before these pointless environmental treaties. It has been greatly harmed and dangerously hamstrung by them since their ratification. If MAGA means anything, it means exiting international efforts to cripple the U.S. with junk science-based environmental treaties. And it would make a great Christmas present to the nation. Just a suggestion.
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…
