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EPA Finally Proposes To Rescind The Endangerment Finding

By Francis Menton | Manhattan Contrarian | July 29, 2025

It’s been a long time coming. But today the EPA, through its Administrator Lee Zeldin, finally began the formal process of rescinding the so-called “Endangerment Finding” (EF). The EF is the 2009 regulatory action by which the Obama-era EPA purported to determine that CO2 and other greenhouse gases constitute a “danger to human health and welfare.” That Finding then formed the basis for all subsequent federal greenhouse gas regulations, including efforts of Obama and Biden regulators to force the closure of all power plants running on coal and natural gas, and to mandate increased vehicle mileage to levels that no internal combustion engine could meet.

EPA initiated the rescission process today by means of an announcement in a speech by Zeldin, who appeared at an event in Indianapolis, and also through this document, titled “Reconsideration of 2009 Endangerment Finding and Greenhouse Gas Vehicle Standards.” The document looks to be about a couple of hundred pages long, although it’s hard to know exactly, because the pages aren’t numbered.

Long time readers here will know that I have been an active participant in efforts, beginning when President Trump first took office in 2017, to get the EF rescinded. Immediately after Trump’s inauguration in January 2017, co-counsel Harry MacDougald and I filed a Petition to EPA, on behalf of the Concerned Household Electricity Consumers Council (CHECC), seeking the rescission. Here is a post I wrote in April 2017, describing the initiation of the petition process, and also linking to our Petition. But during Trump’s first term, despite the critical importance of the EF in supporting all of the burdensome “climate” regulations, EPA never undertook the rescission process. We continued to press the point, filing some seven supplements to our Petition during the four years of Trump’s first term. For example, here is a post from July 2017 announcing the first of the Supplements to our Petition, based on new research at the time.

Ultimately our Petition was denied in 2022 by the Biden EPA. We then appealed that denial to the DC Circuit, where our appeal was denied in 2023, and to the U.S. Supreme Court, where certiorari was denied in 2024.

Well, the proposal in today’s document will reverse the denial of our Petition. I can’t give you a page cite, but this quote is from the page of the EPA document that contains footnote 15:

If finalized, this action would also rescind denial[] of petitions for reconsideration of the Endangerment Finding in 2022 . . . entitled “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act; Final Action on Petitions,” 87 FR 25412 (Apr. 29, 2022). . . .

Vindication!

As to the grounds for the prospective rescission, EPA appears ready to take on both the legal and scientific bases of the EF. As to the legal analysis, the following quote comes from the page preceding footnote 42:

Section IV.A of this preamble describes our primary proposal to rescind the Endangerment Finding by concluding that CAA section 202(a) does not authorize the EPA to prescribe standards for GHG emissions based on global climate change concerns or to issue standalone findings that do not apply the statutory standard for regulation as a cohesive whole. If finalized, this proposal would require rescinding the Endangerment Finding and resulting regulations because we lacked statutory authority to issue them in the first instance. . . . Next, we propose that the Nation’s response to global climate change concerns generally, and specifically whether that response should include regulating GHG emissions from new motor vehicles and engines, is an economically and politically significant issue that triggers the major questions doctrine under UARG and West Virginia, and that Congress did not clearly authorize the EPA to decide it by empowering the Administrator to “prescribe … standards” under CAA section 202(a). Throughout this section, we propose that the Endangerment Finding relied on various forms of Chevron deference to depart from the best reading of the statute and exceeded the EPA’s authority in several fundamental respects, any one of which would independently require rescission to conform to the best reading of the law.

On the subject of “climate science,” the following quote comes from the document’s pre-amble:

[T]he Administrator has serious concerns that many of the scientific underpinnings of the Endangerment Finding are materially weaker than previously believed and contradicted by empirical data, peer-reviewed studies, and scientific developments since 2009.

Then, on the page with footnote 87 there begins a lengthy section titled “Climate Science Discussion.” The gist of this entire section is that the alarmists have not proved their claims. There are lengthy paragraphs reviewing data on all the major “extreme weather” claims, and citing work showing no increasing or accelerating trends in things like hurricanes, tornadoes, wildfires, sea level and the like. Here is a paragraph that reiterates a theme of our Petition, namely that the amount of human caused global warming cannot be separated from what may be caused by natural factors:

The Administrator is also troubled by the Endangerment Finding’s seemingly inconsistent treatment of the nature and extent of the role human action with respect to climate change. The Endangerment Finding attributes the entirety of adverse impacts from climate change to increased GHG concentrations, and it attributes virtually the entirety of increased GHG concentrations to anthropogenic emissions from all sources. But the causal role of anthropogenic emissions is not the exclusive source of these phenomena, and any projections and conclusions bearing on the issue should be appropriately discounted to reflect additional factors. Moreover, recent data and analyses suggest that attributing adverse impacts from climate change to anthropogenic emissions in a reliable manner is more difficult than previously believed and demand additional analysis of the role of natural factors and other anthropogenic factors such as urbanization and localized population growth (2025 CWG Draft Report at 14-22, 82-92).

The process here will likely take until around the end of this year for EPA to formally enact the rescission. And then the legal battles begin — first to the DC Circuit, and then to the Supreme Court. The big question: Can the administration get this process to the Supreme Court in time to avoid a reversal of this whole regulatory effort by a Democratic administration that could be elected in 2028? I would think that if the Supremes have upheld this effort of Trump’s EPA before January 2029, it will be very difficult for a subsequent administration to reverse. On the other hand, if the status as of January 2029 is that the DC Circuit has struck down EPA’s rescission and the matter is pending in the Supreme Court, it would be much easier to attempt a reversal. But the ongoing failure of “net zero” energy transition plans in places like New York, California, Germany and the UK may make reversal a dead letter anyway.

I want to offer my thanks and gratitude to the small band of independent thinkers who have fought this lonely battle all these years, in the face of the billions of dollars at the hands of the climate industrial juggernaut. For particular mention: the members of CHECC (including its moving force, James Wallace); my co-counsel Harry MacDougald; the few think tanks that have taken on this issue, including the Competitive Enterprise Institute (who filed a Petition for rescission of the EF along with ours) and the Heartland Institute; the CO2 Coalition, including its Chair Will Happer and Executive Director Greg Wrightstone; CFACT; the Global Warming Policy Foundation (I serve on its Board); and Anthony Watts and Charles Rotter at Watts Up With That. I’m sure that there are a few that I have forgotten. Congratulations to all!

August 3, 2025 Posted by | Civil Liberties, Malthusian Ideology, Phony Scarcity, Science and Pseudo-Science | | Leave a comment

EV Update: Will The Market Survive The Expiration Of The Federal Tax Credit?

By Francis Menton | Manhattan Contrarian | July 26, 2025

How quickly things change.

It was barely more than a year ago that climate activists and federal bureaucrats thought they had maneuvered the internal combustion engine (ICE) automobile to the brink of extinction. ICE vehicles had become like dinosaurs, inferior to their new competitors the EVs, and therefore headed for the scrap heap of history. Customers were flocking to the trendy new EVs, which were seeing rapidly rising sales.

And the all-powerful federal bureaucracy was going to give the final push to put ICE vehicles out of their misery. On June 7, 2024 President Biden’s National Highway Traffic Safety Administration had issued a final rule (“Corporate Average Fuel Economy [CAFE] Standards for Passenger Cars and Light Trucks for Model Years 2027 and Beyond and Fuel Efficiency Standards for Heavy-Duty Pickup Trucks and Vans for Model Years 2030 and Beyond”) jacking up mandatory average vehicle mileage to 50+ [mpg] as of 2031, with further increases to follow from there. Since no ICE vehicles bigger than a baby carriage could achieve that mileage, the only path forward for vehicle manufacturers would be rapid conversion to making only EVs. NHTSA’s mileage rule had also quickly followed an equally draconian mandate from EPA, finalized on April 18, 2024 (“Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles”) setting strict and declining limits for CO2 emissions that no ICE vehicles would be able to meet by the early 2030s. And meanwhile, 2022’s Inflation Reduction Act had extended a $7500 tax credit to buyers of new EVs through December 31, 2032.

So all the pieces were in place. By some time in the early 2030s, it would be effectively illegal to sell new ICE cars, and they would be rapidly disappearing from the roads.

Well, not so fast. Suddenly, the rapid advance of the EV may have stalled out completely. The federal regulators have reversed their direction. And customer preferences seemingly favorable to EVs may turn out to evaporate as soon as federal tax benefits end, an event now just a couple of months away.

NHTSA’s CAFE standards just got eviscerated by the “One Big Beautiful Bill” Act. Although the standards themselves have not yet been rescinded, the OBBB re-set the enforcement mechanism to have a maximum penalty of zero. This is from a July 8, 2025 memo from the law firm Sidley & Austin:

In one of its many changes, the One Big Beautiful Bill Act, enacted on July 4, 2025, eliminated civil penalties for noncompliance with federal fuel economy standards.  Specifically, Section 40006 of the Act amends the language of the Corporate Average Fuel Economy (CAFE) statute to reset the maximum civil penalty to $0.00.  Although the statute and its implementing regulations otherwise remain in place, this amendment removes any civil penalties for producing passenger cars and light trucks that do not meet fuel economy requirements.

As to the EPA-mandated CO2 emissions limits for vehicles, EPA announced on March 12, 2025 that it was beginning a process of reconsidering the vehicle greenhouse gas emissions rule that had just been adopted less than a year before. Excerpt:

U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency will reconsider the Model Year 2027 and Later Light-Duty and Medium-Duty Vehicles regulation and Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles. In addition to imposing over $700 billion in regulatory and compliance costs, these rules provided the foundation for the Biden-Harris electric vehicle mandate that takes away Americans’ ability to choose a safe and affordable car for their family and increases the cost of living on all products that trucks deliver.

That one may be in the regulatory grinder for many months, but with little doubt as to what the final result will be, namely full rescission.

And the $7500 per new vehicle tax credit? After just having been extended to 2032 by the Inflation Reduction Act of 2022, the credit has now been modified by the OBBBA to end as of September 30, 2025. From Kiplinger, July 12:

With the passage of President Donald Trump’s 2025 tax reform, known as the One Big Beautiful Bill (OBBB) the federal EV tax credit will expire for vehicles purchased or leased after September 30, 2025. As a result, buyers have only a short window left to take advantage of these federal savings.

All of a sudden, EVs and ICE vehicles are set to compete on a completely level playing field, with no mandates or tax credits propping up the EV side of the competition. How will that turn out? It remains to be seen, but data from the first half of the year indicate that the previous rapid increase in EV sales may already be stalling out. In a reversal for a previously rapidly-growing market segment, sales of EVs in the second quarter of 2025 declined significantly from the same period the prior year. From Cox Automotive, July 14, 2025:

[S]ales of new electric vehicles (EVs) in the second quarter of 2025 were lower year over year by 6.3%, in line with the Cox Automotive forecast. A total of 310,839 new EVs were sold in the U.S, down from 331,853 in the same period a year earlier. Sales in Q2 were higher than in Q1 by 4.9%, and total EV sales through the first half of 2025 set a record at 607,089, representing a 1.5% year-over-year increase.

Cox continues to predict a spike in EV sales in the third quarter of 2025, in the run-up to the expiration of the tax credit on September 30. However, after that, it is entirely likely that there will be a significant decline. Without the government mandates and subsidies, it’s hard to see EVs expanding much beyond being a niche product used as a second (or third) vehicle by affluent buyers.

August 3, 2025 Posted by | Civil Liberties, Malthusian Ideology, Phony Scarcity | | Leave a comment

Daniel Davis: Trump’s Threats Against Russia Backfire

Glenn Diesen | August 2, 2025

Lt. Col. Daniel Davis is a 4x combat veteran and the host of the Daniel Davis Deep Dive YouTube channel. Lt. Col. Davis argues that Trump’s ultimatum is hardening the Russian position as the prospect of a peaceful settlement collapses. Sanctions have been exhausted, and there are no more weapons that can be sent that will significantly impact the battlefield. When the frontlines collapse in Ukraine, Trump may get desperate and act dangerously.

August 3, 2025 Posted by | Militarism, Video | , , | Leave a comment

Iraq’s PMF law seen as test of sovereignty amid US objections

Al Mayadeen | August 3, 2025

Iraqi Popular Mobilization Authority chief Faleh al-Fayyad affirmed on Sunday that the vote on the draft Popular Mobilization Forces (PMF) law represents a “national responsibility tied to the dignity of those who answered the call of the religious authority and defended Iraq’s sovereignty.”

In a message addressed to members of Iraq’s parliament, al-Fayyad described the moment as one that reflects loyalty to the history and sacrifices of PMF fighters, many of whom played key roles in the defeat of ISIS.

“Passing this law is not just a legislative step. It is an affirmation of the rights of those who wrote Iraq’s glory with their blood, and a recognition from the people for those who bore arms to defend Iraq and its unity,” al-Fayyad said.

Draft law guarantees rights of PMF fighters 

The legislation seeks to enshrine the rights of PMF personnel and provide a legal framework governing their structure, responsibilities, and benefits. According to Al Mayadeen’s Baghdad correspondent, the law aims to better regulate the Popular Mobilization Authority’s operations and grant it stronger legal recognition under Iraqi law.

However, the law has drawn criticism from Washington. US Senator Marco Rubio reportedly expressed “deep concern” about the legislation during recent talks with Iraqi Prime Minister Mohammad Shia al-Sudani.

Rubio claimed the law would “entrench Iranian influence and empower armed groups that undermine Iraqi sovereignty,” reflecting US unease with Iraq’s growing military independence and refusal to marginalize the PMF, which has long been a target of US pressure.

PMF integral to Iraq state institutions

Al-Fayyad last year said the adoption of the service and retirement law for the PMF is the first sign of loyalty to the fighters, stressing that what has been achieved was in the spirit of Resistance and not in the spirit of a job.

Speaking at a conference marking the 10th anniversary of the founding of the PMF, al-Fayyad said, “The PMF did not achieve what it did in the spirit of paying for fighting, as we are not mercenaries.”

While stressing that he “does not underestimate the other armed forces formations,” al-Fayyad emphasized the uniqueness of the PMF as “an entity that arose from a legitimate basis and was built on volunteerism and self-motivation,” stressing that this “identity must be preserved.”

Al-Fayyad stressed, “Bearing very heavy burdens from both close and distant quarters to maintain this entity as one representing the spirit of jihad [fighting against the enemies] and rising above partial classifications and political categorizations, above parties and above any other designation,” explaining that “the Popular Mobilization is the present shield of the nation in every confrontation and battle.”

August 3, 2025 Posted by | Wars for Israel | , , , | Leave a comment

NATO member sets up gates and barriers at Russian border checkpoint

RT | August 3, 2025

Estonian authorities have begun installing metal gates and barriers at a key border crossing with Russia, local broadcaster ERR reported on Saturday citing the country’s defense ministry. The measure, reportedly aimed at bolstering security, comes amid growing tensions between Moscow and the NATO countries.

These infrastructure upgrades are located at the Narva crossing, one of the main transit points between Estonia and Russia. Metal gates are being set up at the entrance to the bridge on the Estonian side, with additional structures for pedestrian and vehicle control positioned midway across.

“The barriers help prevent vehicles from forcefully driving through the border checkpoint. Essentially, they help to prevent evasion of border control,” said Antti Eensalu, head of the Police and Border Guard Board’s Narva checkpoint, as quoted by ERR.

He added that installation work is expected to be completed next month, stressing that the upgrades would make it possible to completely shut down the checkpoint if necessary.

Authorities are reportedly planning to install similar drive-through barriers at the Luhamaa and Koidula border checkpoints in southern Estonia.

Like its Baltic neighbors Latvia and Lithuania, Estonia has adopted an increasingly hardline stance toward Russia since the escalation of the Ukraine conflict in February 2022, and has speculated that Russia could invade once the Ukraine conflict ends. The Kremlin has repeatedly rejected the claim and branded related measures taken by Estonia and other Baltic states as ‘Russophobic’.

On Sunday, Estonia’s Ministry of Defense announced that NATO is considering establishing a German-Dutch Allied Corps presence in the country, a move that would further expand the alliance’s footprint in the Baltic region.

Earlier this year, Estonia signaled its readiness to host allied forces operating F-35 jets, including aircraft with nuclear capabilities. The Kremlin responded that such deployments would be regarded as a direct threat to Russian national security.

In 2024, Estonia also unveiled plans to build hundreds of concrete bunkers along its entire eastern border as part of the Baltic Defense Line, a coordinated regional initiative with Latvia and Lithuania aimed at boosting collective defense readiness. Moscow has reiterated that it poses no threat to Europe, expressing doubt about the necessity of spending money on such fortifications.

August 3, 2025 Posted by | Militarism, Russophobia | , | 1 Comment

Moldova Could Disappear If Pro-Western Regime Retains Power – Advisor to Regional Governor

Sputnik – 03.08.2025

CHISINAU – The state of Moldova could vanish from the world map if the pro-Western regime remains in power after the September 28 parliamentary elections, Mikhail Vlah, an adviser to Gagauzia head Yevgenia Gutsul, said on Sunday.

“The romanization of our state has been ongoing since the early days of Moldova’s independence. Back in the 1990s, a significant part of the intelligentsia and political elite set a course for uniting our country with Romania. Unfortunately, this process has not stopped for 35 years… If the pro-Western regime retains power in any way after September 28, Moldova as a state may disappear from the world’s political map,” Vlah said on Telegram.

Governments change and political parties in parliament come and go, but the strategy for incorporating Moldova into Romania remains the unchanging goal of the Moldovan-Romanian political elite, he said.

“In kindergartens and schools, children are taught the history of Romanians, ignoring our own Moldovan history. Our history is ancient and rich, starting with Stephen the Great. All key political and economic processes in the country occur under the direct influence of the neighboring state. The highest state positions are held by Romanians: the president, the prime minister, the parliament speaker. The head of Moldova’s National Bank is a Romanian woman, the judges of the Constitutional Court are Romanians, the leaders of the Information and Security Service, and so on,” Vlah emphasized.

The Moldovan government has been criticized for cracking down on the opposition and arbitrarily arresting its leaders. Gagauzia’s governor was detained at the Chisinau airport in March on charges of violating campaign finance rules and falsifying documents. Opposition lawmakers have been routinely detained at Moldovan airports for visiting Russia, while criminal cases continue piling up against government critics.

The government has also blocked over 100 Telegram channels and shut down more than a dozen media outlets, including Sputnik Moldova and several major TV channels.

August 3, 2025 Posted by | Civil Liberties, Full Spectrum Dominance | , | Leave a comment