Today, despite overwhelming scientific evidence to the contrary and the objections of many, President Donald Trump's EPA finalized a rule that repeals the agency's previous decision that greenhouse gases endangered public health and welfare. By doing so, Trump reverses actions the EPA has taken to regulate the emissions of such pollutants.
As a result of this ruling, Trump's EPA can argue that it no longer has the legal authority to regulate greenhouse gases and the resultant global warming/climate change impacts they have. Additionally, EPA will now finalize the repeal of existing regulations that required strict tailpipe emission standards for cars and light trucks.
The decision is destined to be challenged by numerous groups, however, using some of the following arguments:
1. The ruling is arbitrary and capricious under the Administrative Procedure Act.
2. Previous U.S. Supreme Court precedent (Massachusetts v. EPA, 2007) established that greenhouse gases are air pollutants subject to regulation by the EPA if they are found to endanger public health.
3. Today's decision is based on a shaky legal argument that ignores existing climate science that should result in challenges by experts in the field.
4. A slim possibility exists that Congress could develop a new law specifically directing EPA to regulate greenhouse gas emissions. However, this will be practically impossible as long as Trump remains in power and his supporters maintain majorities in the House and Senate.
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