EPA expected to scrap Obama-era ‘endangerment finding’ on greenhouse gases.
Energy stocks surged pre-market Tuesday as investors weighed the potential impact of a significant US policy change on fossil fuels, which will also ease regulatory burdens on other industries.
The Trump administration is set to scrap the Environmental Protection Agency’s “endangerment finding,” the legal bedrock for federal greenhouse‑gas regulation under the Clean Air Act. The WSJ first reported the news and cites officials who say the move could slash $1 trillion in regulatory costs.
The decision is expected to be finalized later this week to remove federal requirements for automakers and engine manufacturers to measure, report and comply with carbon‑dioxide standards, while leaving rules for power plants and other ‘stationary sources’ in place for now.
For fossil fuel producers and refiners, the move promises a friendlier regulatory landscape for oil consumption in the transportation sector and signals a broader push to ease climate constraints on the industry. But the same step also invites years of litigation, regulatory fragmentation and potential liability risk that could complicate valuations across the sector.
The 2009 endangerment finding concluded that six greenhouse gases, including carbon dioxide and methane, threaten public health and welfare, enabling EPA to set limits on emissions from vehicles and other sources.
By moving to revoke that determination, the administration is attempting not just to loosen individual rules, but to withdraw the legal basis for regulating greenhouse gases from new motor vehicles at the federal level. Without the finding, EPA itself has acknowledged that it lacks statutory authority under Section 202 of the Clean Air Act to prescribe greenhouse‑gas standards for cars and trucks.
The agency has portrayed the change as an unprecedented deregulatory step that would unwind more than $1 trillion in climate‑related regulations, including the Biden‑era push toward electric vehicles, and save roughly $54 billion a year in compliance costs.
Transportation Demand Tailwind for Oil and Refining
For oil and gas companies, the most immediate implications are in transportation fuels rather than upstream permitting.
By eliminating greenhouse‑gas standards for light‑, medium‑ and heavy‑duty vehicles, the final rule would halt the steady tightening of tailpipe limits that has underpinned fuel‑efficiency gains and accelerated the shift toward electric vehicles.
The administration has already targeted the federal EV mandate and related rules, part of a broader campaign to “terminate” Biden‑era electric‑vehicle policies and relax fuel‑economy requirements.
Earlier rounds of the repeal effort have already reshaped market expectations in autos. When the EPA first proposed rescinding the endangerment finding last year, traditional automakers such as Ford and General Motors climbed to 52‑week highs as investors priced in a friendlier outlook for internal‑combustion models, while Tesla and other EV‑focused names sold off.
The longer‑term question is whether a successful repeal of the endangerment finding for vehicles becomes a template for challenging the legal basis of carbon rules on power plants. Attorneys following the rulemaking have described the move as “uncharted territory” that courts will ultimately have to navigate, underscoring the uncertainty facing utilities and coal‑linked assets.
Legal and Policy Overhang for Energy Equities
Environmental and public‑health groups have already pledged to sue as soon as the rule is finalized, and a federal court has ruled that the Department of Energy violated the law when it formed a climate science advisory group whose report supported the repeal, potentially weakening the government’s legal position.
At the same time, blue states are expected to respond by tightening their own standards, while European and Asian regulators move in the opposite direction, reinforcing climate‑related requirements for global firms. Multinational oil and gas companies, which have spent years building climate‑risk frameworks and setting net‑zero targets, now face the challenge of reconciling U.S. deregulation with tougher rules abroad.
Industry groups are divided. Some trade associations have backed rolling back vehicle emissions rules but urged EPA not to scrap the endangerment finding entirely, warning that a wholesale repeal could unleash regulatory chaos and expose firms to novel tort claims.
In the short term, a looser federal regime is likely to support cash flows for oil, gas and coal producers with predominantly domestic exposure, especially those heavily geared to transportation fuels and existing coal‑fired generation. Lower expected compliance costs and a friendlier political narrative can translate into improved earnings visibility and support for buybacks and dividends.
Over a longer horizon, however, dismantling the federal climate framework introduces fresh uncertainty around the durability of today’s policy gains. If courts reject EPA’s legal rationale, or if a future administration restores an endangerment finding with more expansive authority, companies that lean hardest into today’s deregulation could find themselves on the wrong side of the next policy cycle.