Epa's Co2 Classification: Pollutant Or Necessary Evil?

In 2009, the head of the Environmental Protection Agency (EPA), Lisa Jackson, declared carbon dioxide (CO2) a dangerous pollutant, along with five other gases. This was based on the scientific evidence that greenhouse gas concentrations were at unprecedented levels due to human activity, threatening public health and welfare. The EPA's decision gave it the authority to regulate greenhouse gas emissions and promote renewable energy sources. However, critics have argued that the EPA's decision was based on flawed science and would negatively impact the economy and job market. While the EPA's classification of CO2 as a pollutant has faced opposition, it has also been praised as a step towards addressing climate change and protecting human health and the environment.

The EPA's 2009 endangerment finding

In 2009, the Environmental Protection Agency (EPA) published its endangerment finding, concluding that six types of greenhouse gas (GHG) emissions pose a threat to public health and welfare. The six gases in question are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

The endangerment finding was the result of a lengthy process that began with the Supreme Court case Massachusetts v. EPA in 2007. The petitioners in this case—several states and environmental groups—challenged the EPA's denial of a petition for a rulemaking, arguing that GHGs were air pollutants under the Clean Air Act (CAA) and that the EPA had the authority to regulate them. The Supreme Court agreed, holding that the EPA was required to either determine endangerment or provide a reasonable explanation for not doing so.

Following the court's decision, the EPA engaged in an extensive notice-and-comment rulemaking process, which culminated in the 2009 endangerment finding. This finding gave the EPA the power to regulate GHG emissions, even without specific laws addressing climate change. The finding has been upheld against various legal challenges over the years, with the Supreme Court as recently as 2023 declining to hear challenges to it.

However, the endangerment finding has faced threats of repeal, particularly during the Trump administration. On his first day in office, President Trump signed Executive Order 14154, "Unleashing American Energy," which requested that the EPA submit recommendations on the legality and continuing applicability of the endangerment finding. In 2025, the EPA's administrator, Lee Zeldin, announced plans to repeal the endangerment finding, calling it "the greatest day of deregulation our nation has seen." However, repealing the finding would be a complex process due to procedural hurdles under the Administrative Procedure Act (APA) and the potential for significant regulatory instability and legal challenges.

The Supreme Court's 2007 ruling

In 2007, the Supreme Court of the United States ruled that carbon dioxide and other heat-trapping emissions are "air pollutants" under the Clean Air Act. This ruling, known as Massachusetts v. EPA, was a significant moment in the fight against climate change and the regulation of greenhouse gas emissions.

The case was brought against the EPA by a group of 19 private organizations and the state of Massachusetts, who argued that the EPA had a duty to regulate greenhouse gas emissions under the Clean Air Act. The EPA, under the Bush administration, had previously denied that carbon dioxide was an air pollutant that could be controlled under the Clean Air Act.

The Supreme Court's ruling was split, with five judges voting in favor and four dissenting. The majority opinion, joined by Justices Anthony Kennedy, David Souter, Ruth Bader Ginsburg, and Stephen Breyer, found that the EPA had the statutory authority to regulate greenhouse gas emissions from new motor vehicles. The Court also found that the EPA's previous decision not to regulate these emissions was "arbitrary, capricious, or otherwise not in accordance with the law".

The dissenting opinion, written by Chief Justice John Roberts and joined by Antonin Scalia, Clarence Thomas, and Samuel Alito, disagreed with the majority's interpretation of the Clean Air Act and the scope of the EPA's authority.

In the years following the ruling, the EPA took steps to exercise its authority to regulate greenhouse gases. In 2009, EPA Administrator Lisa P. Jackson signed an endangerment finding that asserted carbon dioxide and five other greenhouse gases pose a threat to human health when concentrated in the atmosphere. This finding gave the EPA the power to regulate those gases even without specific legislation from Congress. However, critics of the Obama Administration, in which Jackson served, accused it of abandoning climate change efforts due to the lack of progress on a cap and trade bill and the lack of discourse on climate change during the 2012 election.

In 2022, the Inflation Reduction Act (IRA) further strengthened the legal foundation for federal oversight of emissions related to climate change, including CO2. The IRA included measures such as tax credits for electric vehicles and residential solar arrays, as well as rebates for energy-efficient appliances. While the IRA does not directly reduce emissions or solve the climate crisis, it provides the legal framework for the EPA to take action and block future legal challenges to its regulation of CO2 and other greenhouse gases.

The Inflation Reduction Act of 2022

In 2009, the EPA's then-chief Lisa P. Jackson signed an endangerment finding that identified carbon dioxide (CO2) as a threat to human health and classified it as a pollutant. This gave the EPA the power to regulate CO2 emissions.

One of the key provisions of the IRA is the removal of the $25 billion cap on ATVM loans, allowing for increased lending to support clean energy projects. The legislation also increases the aggregate loan amount under the Tribal Energy Finance Program to $20 billion and provides permanent access for borrowers to apply for direct loans through the U.S. Treasury's Federal Financing Bank. These measures aim to boost investment in clean energy and energy infrastructure.

Additionally, the IRA provides funds to improve tax services and technology, making tax filing faster and easier for individuals and businesses. It also includes various tax credits and incentives for clean fuel production, qualified commercial clean vehicles, and renewable electricity production.

Overall, the Inflation Reduction Act of 2022 is a significant piece of legislation that addresses climate change, promotes clean energy, and makes changes to tax laws to encourage sustainability and ease the tax filing process. By providing funding and removing lending caps, it enables investment in climate and energy initiatives, helping advance environmental justice and progress towards the Biden-Harris Administration's climate goals.

The EPA's mandate to regulate pollutants

The Environmental Protection Agency (EPA) is an agency of the United States federal government. Its mission is to protect human and environmental health. The EPA is responsible for monitoring pollution levels, setting standards for handling hazardous chemicals and waste, and enforcing its findings through fines, sanctions, and other procedures.

While the EPA does not have a stated mandate to fight climate change, it does have a mandate to regulate pollutants. The EPA has repeatedly attempted to curb carbon dioxide emissions to protect public health and air quality. In 2009, EPA Administrator Lisa P. Jackson signed an endangerment finding that asserted carbon dioxide and five other greenhouse gases pose a threat to human health when concentrated in the atmosphere. This gave the EPA the power to regulate those gases even without laws passed by Congress specifically addressing climate change.

The EPA's authority to regulate pollutants is derived from various legislation, including the Clean Air Act (CAA), the Safe Drinking Water Act, the National Environmental Education Act, and the Clean Water Act. The Clean Air Act, first enacted in 1970, resulted in a major shift in the federal government's role in air pollution control, authorizing comprehensive federal and state regulations to limit emissions from both stationary and mobile sources. The CAA has since undergone several major amendments, including in 1990, which substantially increased the authority and responsibility of the federal government in addressing air pollution.

In addition to the CAA, the EPA also has programs such as the National Pollutant Discharge Elimination System, which regulates the discharge of pollutants into U.S. waters, and the Safer Choice program, which helps consumers select chemically safer products. The EPA works to enforce these laws and protect communities and the environment through its strategic plan, which includes investigating and pursuing action against violators.

The Obama Administration's response

On December 7, 2009, EPA Administrator Lisa P. Jackson signed an endangerment finding that asserted carbon dioxide and five other greenhouse gases pose a threat to human health when concentrated in the atmosphere. This gave the EPA the power to regulate those gases even without laws passed by Congress.

The Obama Administration supported the EPA's move and praised Jackson for taking "important action to combat climate change." In a statement, President Obama said that under Jackson's leadership, the EPA had taken sensible and important steps to protect the air and water, including implementing the first national standard for harmful mercury pollution and playing a key role in establishing historic fuel economy standards.

In 2015, President Obama and EPA Administrator Gina McCarthy released the final Clean Power Plan, a historic step in the Obama Administration’s fight against climate change. The plan established carbon pollution standards for power plants, with states developing and implementing tailored plans to ensure compliance. The Clean Power Plan built on previous progress made by the Administration, states, cities, and companies to transition to cleaner sources of energy.

The Obama Administration also took other actions to reduce carbon pollution, including proposing fuel efficiency and greenhouse gas standards for medium- and heavy-duty vehicles, which would reduce carbon pollution and save Americans money. These actions were part of the President’s Climate Action Plan to address the dangerous levels of carbon pollution contributing to climate change.

Frequently asked questions