The war began decades ago, back when even Republicans favored a clean environment. But we are still nowhere near the final battle between climate champions and the fossil fuel industry profiteers who have now fully captured the GOP and the Trump Administration. We are joined on today’s BradCast by a longtime warrior in this fight, who is surprisingly optimistic today, despite what would seem to be very grim news this week from the fossil fools in the Trump Administration. [Audio link to full show follows this summary.]
Before we get to the terrible, horrible, no good, very bad climate news, a few other quick items, including the worldwide tsunami fallout following last night’s giant, 8.8 magnitude earthquake off Russia‘s east coast and Kamala Harris‘ announcement today that she does not intend to run for Governor in California next year.
Then, it’s on to the huge announcement from the Trump Administration’s corrupted, anti-environment Environmental Protection Agency this week that it is proposing to overturn the Obama EPA’s 2009 “endangerment finding” which concluded that carbon dioxide, methane, and other greenhouse gasses are indeed planet warming pollutants that represent a danger to the health and welfare of the public. It is that finding — essentially ordered by a U.S. Supreme Court ruling back in 2007 — that provides authority to the EPA to use the Clean Air Act to regulate the production of climate warming gasses. The finding serves as the legal underpinning for most, if not all, of the climate change regulations that have been enacted ever since.
This week, however, EPA Administrator Lee Zeldin and former fracking CEO turned Trump Energy Secretary Chris Wright, announced that a new report from five cherry-picked climate science deniers, has given them legal authority to begin the process of overturning the 2009 “endangerment finding” and with it, kill all of the climate regulations — to power plants, the auto industry, etc. — that followed it.
It’s obviously big and alarming news, even if it was promised in the Project 2025 manifesto that Trump pretended to disown during the campaign. But, as our guest details today, the EPA proposal is also alarmingly flawed in many ways that he believes makes it unlikely to stand up to legal scrutiny, even if this matter reaches this particularly corrupted Supreme Court.
We’re honored to be joined on today’s program DAVID DONIGER, Senior Attorney and Strategist for Climate & Energy at the non-profit Natural Resources Defense Council. Doniger first joined the NRDC in 1978; went on to have a hand in formulating the Montreal Protocol, which successfully stopped the depletion of the earth’s ozone layer; served on President Clinton’s White House Council on Environmental Quality; held key posts at the EPA, and is now back at the NRDC, still fighting the good and very long fight.
In AP’s coverage of the EPA announcement this week, Doniger is cited as describing Zeldin’s move as an attempted “kill shot” that, if successful, would then allow the Administration to invalidate all climate regulations. “They’re trying to completely defang the Clean Air Act by saying, ‘Well, this stuff [CO2, methane, etc.] is just not dangerous,'” Doniger told the Washington Post. “That claim is just mind-bogglingly contrary to the evidence.”
Today, he explains the importance of the Obama endangerment finding to climate law and the Administration’s legal justifications for UNfinding that finding. “Basically, they have thrown a lot of spaghetti at the wall, and they want to see if any of it sticks,” he tells me. “Much of the spaghetti is all tangled up around itself. So it’s going to take some work to show all the different ways in which this is just plainly wrong and illegal. But we will do that in the coming months, and take them to court if they persist.”
We discuss the “mountain” of well-documented scientific evidence that counters the EPA’s cherry-picked report from “five known, fringe climate deniers” and how Doniger believes “the record is going to be set straight, and these fringe people — and how fringe their views are — will be clear” as they do battle “in an echo chamber with themselves and try to construct an alternative reality.”
Their goal, he argues, is that “if they can somehow turn reality upside-down and conclude that it’s not dangerous, then they think they will knock the legs out from all of these regulations.”
Doniger, who also discusses who is behind all of this and how much the transportation and power sectors in the U.S. are polluting the globe with climate warming emissions, doesn’t believe the effort to “permanently damage the Clean Air Act as a law to deal with climate change,” is going to work, “even in this Supreme Court.”
He tells me that there have been a series of additional SCOTUS rulings since the 2007 opinion that required the EPA to act on climate change via the Clean Air Act following an endangerment finding. Moreover, he notes, the 2022 Inflation Reduction Act actually wrote into law that greenhouse gasses are pollutants that must be regulated. Doniger concedes that “you can never be sure with this Court”, but cites those “four decisions that go right through 2022 where the present Court issued that last one.”
“If they erase the endangerment finding, we will bring a lawsuit to challenge that. If they erase the vehicle standards, we will challenge that. Same thing with the power plant standards,” he vows.
“There are four Supreme Court decisions, as recent as 2022, that follow the conclusion, the holding, of the [2007 Massachusetts v. EPA] case, that Congress gave EPA the authority and responsibility to address any form of dangerous air pollution including greenhouse gases.”
“This administration is swinging for the fences,” asserts Doniger, “but most of the time, when you swing for the fences, you strike out.”
He’s been in this fight far longer than I. Hopefully he’s got this right and my worries are for naught. We will find out in the months and years ahead, as the long war for a livable planet continues…
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