WA Ecology official testifies against repeal of ‘endangerment finding’ that allows for climate regulation

A federal effort to roll back vehicle pollution standards drew a sharp rebuke from a climate specialist in Washington who warned that it would undermine 16 years of regulations designed to protect human health from the effects of climate change.

“This proposal flies in the face of half a century of scientific consensus and conflicts with the EPA’s legal obligations to protect the public from pollution under the Clean Air Act,” said Joel Creswell, a climate pollution reduction program manager at the Washington state Department of Ecology.

Creswell testified before an Environmental Protection Agency panel as it considers reversing a finding that has served as the basis for federal rules limiting greenhouse gas emissions.

If approved, the new proposal would undo a 2009 determination that the projected levels of six greenhouse gases emitted from gas-powered vehicles threatened “the public health and welfare of current and future generations.” It further found that the emissions from new vehicles and engines contributed “to the greenhouse gas pollution that threatens public health and welfare.”

The finding resulted from a 2007 Supreme Court ruling that greenhouse gases are “air pollutants” and tasked the EPA with determining whether emissions from new motor vehicles cause or contribute to air pollution that could endanger public health or welfare.

Since its release, the ruling has served as the basis for federal regulation of greenhouse gas emissions from vehicles, power plants, and the oil and gas industry.

“Claiming that vehicle emissions would not measurably impact climate change ignores overwhelming scientific evidence and EPA’s own findings that regulating vehicle pollution yields trillions of dollars in net benefits,” Creswell said.

Citing the high cost of regulations and a lack of regulatory authority, EPA Administrator Lee Zeldin announced a plan last month to rescind the finding. If adopted, the proposal would repeal all resulting greenhouse gas emissions regulations for motor vehicles and engines.

“With this proposal, the Trump EPA is proposing to end 16 years of uncertainty for automakers and American consumers,” Zeldin said during a July 29 press conference. “In our work so far, many stakeholders have told me that the Obama and Biden EPAs 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.”

If finalized, the Environmental Protection Agency estimates the proposal could save $54 billion “through the repeal of all greenhouse gas standards.”

As the administration announced the proposal, U.S. Secretary of Energy Chris Wright said it was a step towards “driving the focus back to following the data.”

“Today’s announcement is a monumental step toward returning to commonsense policies that expand access to affordable, reliable, secure energy and improve quality of life for all Americans,” Wright said on July 29.

If the finding is reversed, the EPA would lack authority under the Clean Air Act to institute standards for greenhouse gas emissions. The updated finding would also remove all greenhouse gas standards for light-, medium- and heavy-duty vehicles and heavy-duty engines, and engine and vehicle manufacturers would not be required to measure, control, and report greenhouse gas emissions.

“We are deeply concerned about this proposal’s effects on pollution from vehicles, the biggest contributor to climate change in our state and nationally, and a major hindrance to quality of life in communities suffering from poor air quality,” Creswell testified.

The proposal is the latest move by Republicans to restrict the enforcement of clean air and emission standards, which Creswell said has “already threatened Washington’s ability to enforce our stronger standards on vehicle pollution.”

In June, Trump signed legislation that revoked Biden-era waivers from the EPA that let California impose stricter vehicle emissions standards than the federal government.

The waivers allowed Washington and other states to follow California’s lead in phasing out gas-powered vehicles. In addition to Washington, 17 states have adopted similar rules that the law revoked.

Soon after, Washington Attorney General Nick Brown and California Attorney General Rob Bonta announced a joint lawsuit with nine other states challenging the elimination of California’s waiver.

The suit alleged that the resolution violates the separation of powers, the Take Care Clause and multiple federal statutes, including the Congressional Review Act and Administrative Procedure Act.

Creswell said Tuesday that the move was “illegal” and that the agency is “confident the courts will agree.”

“But rolling back minimum national standards would strip away a critical safety net for all Americans,” Creswell said. “The EPA’s proposal is legally and scientifically flawed.”

The push by the federal government to roll back emission standards comes as the effects of climate change continue to be felt.

According to data published by the National Oceanic and Atmospheric Administration, 2024 was the hottest year on record, edging out the second hottest year on record, 2023.

Creswell testified that in Washington, “the impacts of climate change are already upon us.”

“This year, we declared drought again for the sixth time in 10 years,” Creswell said. “In a state known for having abundant water, we’re now facing crippling water supply issues.”