After Gutting Climate Laws In 2025, President Vought & Oval Office Assistant Try To Make Change Permanent In 2026
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The agency released its draft repeal of the finding in July, together with a proposal for undoing Biden-era climate standards for cars and trucks. Then, in September, it announced a plan to repeal greenhouse gas emissions reporting for big polluters such as fossil fuel and industrial facilities. Last month, the agency suspended compliance requirements under a Biden-era methane rule for oil and gas development. “They’ve done that all incredibly quickly, notwithstanding the reductions in staff and notwithstanding the shutdown,” said Meghan Greenfield, a former EPA attorney who’s now a partner with Jenner & Block.
Despite the breakneck pace of Trump’s regulatory moves, his administration has actually fallen behind schedule. The administration’s regulatory agenda released in September projected that EPA would finalize repeals for endangerment, motor vehicles, power plant and reporting rules by the end of 2025. None of those final drafts have been submitted to OMB for review, its regulatory dashboard shows. EPA blamed the delay on Democrats in Congress, whom it said had caused the 43-day government shutdown that ended in November.
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When EPA does issue final repeals on endangerment, power plants and vehicles, the field of play on climate deregulation will shift from the agency to the courts. Litigants have 60 days to file challenges to each of those rules after they’re filed in the Federal Register. “I’m going to go out on a limb and say that there’ll be a lot of litigation,” said Jeff Holmstead, who served as EPA’s air chief under former President George W. Bush. The U.S. Court of Appeals for the D.C. Circuit will hear those cases, though the Supreme Court may issue the final decisions in most or all of them. But the rulings may not come next year — especially if EPA issues its final rules months into 2026.
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A decision by the Supreme Court could take Clean Air Act climate regulation off the table for good, unless Congress grants EPA new authorities. For example, if the high court accepts EPA’s argument that the agency lacks authority to regulate greenhouse gases under the Clean Air Act because climate pollution doesn’t endanger the public through direct exposure, that could end carbon regulation under the statute. “[N]o future EPA would be able to regulate [carbon dioxide] or anything else that does not endanger health or welfare when people or things are exposed to it,” said Holmstead. Joe Goffman, who served as EPA air chief during the Biden administration, said DOJ might have to seek expedited review by the D.C. Circuit to ensure that the Supreme Court has enough time to hear the cases before the end of Trump’s second term in 2028.
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https://www.eenews.net/articles/trump-gutted-climate-rules-in-2025-he-could-make-it-permanent-in-2026/