As EPA weighs whether to rescind the 2009 Endangerment Finding — the legal foundation for federal greenhouse gas regulation — states may soon find themselves on the front lines of U.S. climate action.
In a new article for ABA’s Trends, Sommer Engels, clinical instructor in the Emmett Environmental Law & Policy Clinic, Erika Kranz, EELP senior attorney, and Andrew Mergen, faculty director of the Emmett Environmental Law & Policy Clinic, look at the far-reaching implications of EPA’s proposal: what it means for federal authority, how it could reshape long-standing preemption debates, and whether states will truly have room to act if EPA steps back. With a final rule expected in late 2025 or early 2026, their analysis is a guide to the legal uncertainties ahead and the stakes for climate policy nationwide.