CONTINUED HEADLINE: Trump EPA Faces Uphill Battle to Reverse Greenhouse Gas Endangerment Finding GUEST NAME: Jonathan Adler SUMMARY: The Trump administration's EPA attempts to reverse the 2009 "endangerment finding" for greenhouse gases under the Clean A
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 19 September 2025
⏱️ 9 minutes
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Summary
CONTINUED
HEADLINE: Trump EPA Faces Uphill Battle to Reverse Greenhouse Gas Endangerment Finding
GUEST NAME: Jonathan Adler
SUMMARY: The Trump administration's EPA attempts to reverse the 2009 "endangerment finding" for greenhouse gases under the Clean Air Act. Recent Supreme Court rulings, including Loper Bright, ironically make reversal more difficult by eliminating Chevron deference. Courts will focus on statutory language and prior decisions, requiring the EPA to justify reversing decades of statements.
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| 0:23.6 | I'm John Batchewitt, Professor Jonathan Adler, of Professor of Law at the William and Mary Law |
| 0:29.3 | School, discussing the ambition of the Trump administration under Administrator Zeldon at the EPA |
| 0:35.5 | to undo what is regarded as a misinterpretation, a mistake, |
| 0:41.4 | an inarticulate presentation about greenhouse gases as part of the endangerment |
| 0:48.3 | that needs to be corrected by the power of the EPA. |
| 0:52.0 | Professor, the Chevron decision, it would occur to me as a common sensical, non-legal mind |
| 0:59.3 | that the Chevron decision limits the ability of the EPA to make these rules. |
| 1:05.1 | And that because originally it said reasonably anticipate, That was an administrator who reasonably anticipated |
| 1:12.3 | once upon a time. It's a different administrator now. Can not Mr. Zeldon say, I don't find this |
| 1:18.6 | endangerment? Well, I think given the language of the statute, that's somewhat hard to do. |
| 1:25.4 | And that's for several reasons. One, the language of the statute says reasonably anticipate to endanger public health or welfare, |
| 1:33.3 | and then welfare in the statute is defined incredibly broadly, to include economic effects, |
| 1:39.3 | to include the climate itself, to include effects on ecosystems and the like. |
| 1:49.5 | And the language is not, and we've seen, there have been other cases where similar language has been interpreted in the Clean Air Act, the language is not, you know, are controls on |
| 1:55.7 | this source of pollution, a good idea, not do they pass the cost benefit test, not are the negative effects |
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