EPA’s Rollback of Climate Rule Highlights Shifts in Environmental Policy

The Shifting Landscape of U.S. Environmental Policy: A Historical Perspective

The recent decision by the Trump Administration to repeal the U.S. Environmental Protection Agency’s (EPA) 2009 endangerment finding represents another turn in the ongoing saga of U.S. environmental regulation. This finding, which identified greenhouse gases as a threat to public health and welfare, has been a cornerstone of federal climate policy for nearly two decades. EPA Administrator Lee Zeldin referred to it as “the Holy Grail of federal regulatory overreach.” In response, a coalition of more than 20 states has quickly moved to challenge this repeal in the U.S. Court of Appeals for the D.C. Circuit, setting the stage for a significant legal clash that will influence American environmental policy for years to come.

The timing of the book Lessons for a Warming Planet: A Vital History of US Environmental Law, co-authored by Brigham Daniels, coincides with this legal conflict, providing a historical context to understand the current developments. The book argues that the repeal of the endangerment finding is not an isolated event but part of a recurring pattern in U.S. environmental law, which has seen laws both driving and curbing environmental exploitation over centuries.

The book identifies five distinct eras of environmental law in the United States. The first, the Allocation Era (precolonial North America to 1890), emphasized resource extraction for European settlers, often at the expense of Native Americans and the environment. This era saw laws like the rule of capture, which incentivized resource claims from wildlife to oil. However, it also produced countercurrents, such as the establishment of Yellowstone National Park in 1872, hinting at future conservation efforts.

In the Progressive Era (1890–1920), the end of the frontier led to a reevaluation of unchecked resource use. Reformers, including conservationists and public health advocates, pushed for policies to balance corporate interests with environmental protection. This period saw the expansion of federal lands and the enactment of laws like the Rivers and Harbors Act.

The Modernization Era (1920–1960) marked a shift back towards development, with New Deal infrastructure projects driving economic growth but also contributing to environmental degradation. Despite this, the era laid the groundwork for future pollution regulation.

The Environmental Era (1960–1980) brought dramatic changes, spurred by events like the Cuyahoga River fire and the publication of Rachel Carson’s Silent Spring. This period saw landmark legislation such as the Clean Air Act and the Endangered Species Act, leading to significant improvements in air and water quality.

Currently, the Contested Era (1980 to present) is marked by fluctuations and legal battles over environmental regulations. The repeal of the endangerment finding is a stark example of this era’s challenges, characterized by deregulatory efforts and partisan divides. However, countercurrents exist, such as state-led climate initiatives and legal actions opposing federal rollbacks.

The history of U.S. environmental law, as chronicled in Lessons for a Warming Planet, demonstrates the potential for transformative legal change. While the challenges of the Anthropocene are unprecedented, past advances have often emerged from innovative legal thinking and overcoming resistance. The current legal actions against the endangerment finding repeal echo historical countercurrents that have shaped American environmental policy.