13. Environmental Protection Agency · Major
Update the 2009 endangerment finding on a deadline
Printed page 425 13. Environmental Protection Agency
“Establish a system, with an appropriate deadline, to update the 2009 endangerment finding.”
What has happened
- Done
Final rule rescinding the 2009 endangerment and contribution findings and repealing every motor-vehicle GHG standard, published 2026-02-18 (signed and announced 2026-02-12; effective 2026-04-20). Petitions for review were filed in the D.C. Circuit within days; no stay found on allowlisted sources.
- Partially done
EPA published its proposed rule to rescind the 2009 endangerment finding and repeal all vehicle greenhouse-gas standards (announced 2025-07-29; comments to 2025-09-15, extended).
- Partially done
Executive Order 14154 §6(f) gave the EPA Administrator 30 days to submit joint recommendations to OMB on "the legality and continuing applicability" of the 2009 endangerment finding — the deadline-driven review the Mandate asks for, with nothing yet changed.
Research log
What was searched, and what didn’t count as evidence
Research notes
- The Mandate asked for a system with a deadline to update the finding; the administration went further and rescinded it. EO 14154 §6(f) supplied the deadline (30 days), the March 2025 “31 actions” announcement listed the reconsideration, and the final rule closed it.
- Litigation (leads — the dockets could not be read without an account; from federal court dockets (CourtListener) as of 2026-06-30): American Public Health Association v. EPA, D.C. Cir. 26-1037, filed 2026-02-18 — https://www.courtlistener.com/docket/72292285/american-public-health-association-v-epa/ ; Zero Emission Transportation Association v. EPA, 26-1039 (2026-02-20) — https://www.courtlistener.com/docket/72312650/zero-emission-transportation-association-inc-v-epa/ ; Commonwealth of Massachusetts v. EPA, 26-1061 (2026-03-19) — https://www.courtlistener.com/docket/72520673/commonwealth-of-massachusetts-v-epa/ . No opinion or stay found.
- Same rule carries #1082 (vehicle GHG standards) and is cited by #1158 (social cost of carbon).
- 2026-10-05: not this item’s rule. State of New York v. EPA (D.C. Cir. 26-1259, filed 2026-10-01) came up in a search for “endangerment finding”. We read the petition (https://storage.courtlistener.com/recap/gov.uscourts.cadc.43642/gov.uscourts.cadc.43642.01208893571.0_1.pdf). It seeks review of Partial Repeal of the Carbon Pollution Standards for Fossil Fuel-Fired Electric Generating Units, 91 Fed. Reg. 58954 (2026-09-17), and of nothing touching the endangerment rescission. It is recorded at #1053. The litigation list above is unchanged.
- Action
- other
- Object
- 2009 greenhouse gas endangerment finding
- ID
- 1077