b'Member NewsTHE ENDANGERMENT FINDING MOVE: A Potential Checkmate in the Regulatory ResetJorge RomanIn the Summer 2025 issue, Endangerment Finding asEnergy Marketers ofI highlighted a reset that is already underway Basis for GHG Regulation America (EMA) in terms of federal automotive standards and Regulatory Associateits impact on fuel demand. I noted three keyWhen EPA issued its 2009 Endangerment Find-at Bassman, Mitchell,signals of this reset:ing, declaring greenhouse gases (GHG) a threat Alfano & Leiter Chtd to public health and welfare under the Clean 1.Congress has used the Congressio- Air Act, it set the foundation for every federal climate rule. While that determination directly nal Review Act to target Californiasauthorized EPA to regulate vehicle tailpipe emis-waiver authority for zero-emissionsions, it also set in motion a cascade of regula-vehicle mandates. tory activity over stationary sources. As a result, GHG regulation has shaped the trajectory of 2.The Supreme Court has openedfleet planning and imposed compliance burdens the door for fuel stakeholders toacross the fuels supply chain. challenge EPAs actions that allowFor instance, stationary source permitting California and other states to regimes may be affected. Under the Prevention impose stringent electric vehicleof Significant Deterioration program, a project requirements. to build an oil refinery or expand the capacity of an existing one must generally receive pre-3.DOT has signaled a shift away construction permitsassuming the criteria for from EV-heavy fleet averaging major stationary source are met. Through this in CAFE standard setting. permitting process, regulators can impose GHG requirements by conditioning the projects ap-Now, to boost the regulatory reset, the U.S.proval with the installation of modern pollution Environmental Protection Agency (EPA) hascontrol technology. Similarly, GHG regulation proposed to withdraw the Endangerment Findingcan attach to operating permits under the Title Vinitially in the context of tailpipe greenhouseprogram, forcing refineries to adopt specific air gases (GHG) standards under Section 202(a) ofquality control measures. the Clean Air Act (CAA), but with ripple effects that could extend well beyond vehicles andTaken together, these layers of regulationreach stationary sources, including petroleumillustrate how deeply the Endangermentrefineries. If successful, this move could markFinding has embedded GHG emissions controls the decisive play in a regulatory reset on federalinto both mobile and stationary source frame-climate policy. works. A withdrawal would not only reshape 26 www.wpma.com / Fall 2025'