Client Alert: EPA Rescinds 2009 Greenhouse Gas Endangerment Finding

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State-level greenhouse gas regulations, voluntary corporate climate commitments, investor expectations, and customer requirements remain in place and may continue to drive emissions management strategies.

On February 12, 2026, the U.S. Environmental Protection Agency (EPA) finalized its decision to withdraw the 2009 Greenhouse Gas (GHG) Endangerment Finding under the Clean Air Act.

The 2009 determination concluded that greenhouse gases such as carbon dioxide and methane pose a threat to public health and welfare. It was issued after the U.S. Supreme Court recognized greenhouse gases as “air pollutants” under the Clean Air Act. Since that time, the finding has provided the legal underpinning for federal greenhouse gas regulations, including vehicle emission standards and aspects of stationary source permitting and reporting programs.

In rescinding the finding, EPA stated that the Clean Air Act does not authorize greenhouse gas regulations in the manner previously implemented and has repealed federal GHG standards for highway vehicles and engines that were based on that determination.

What This Means

  • The most immediate effect is the removal of federal greenhouse gas emission standards for on-road vehicles and engines, eliminating associated federal compliance obligations for those sources going forward.

  • The action could also affect how greenhouse gases are addressed in federal air permitting programs for stationary sources. However, EPA has not yet finalized separate rulemakings addressing those programs, and the scope and timing of any resulting impacts remain uncertain, particularly as legal challenges to the rescission are anticipated.

Although EPA has rescinded the Endangerment Finding, state-level greenhouse gas regulations, voluntary corporate climate commitments, investor expectations, and customer requirements remain in place and may continue to drive emissions management strategies.

KERAMIDA is actively tracking these developments and is available to help assess regulatory risk and compliance strategy in this evolving landscape.