Curbing GHG Pollution No Longer A Federal Responsibility, CDR And Capture Face New Uncertainties

Curbing GHG Pollution Is No Longer A U.S. Federal Responsibility, And Carbon Removal And Capture Now Face New Uncertainties - Carbon Herald
Image source: Unsplash

U.S. President Donald Trump has revoked the “endangerment finding”—a ruling first issued by the U.S. Environmental Protection Agency back in 2009, during Barack Obama’s first presidency term, that determined that greenhouse gas emissions such as carbon endanger public health and welfare.

With this revoking move, President Trump is eliminating the foundational piece of regulation that obliged the U.S. government to treat emissions management as a federal responsibility under the Clean Air Act.

The “endangerment finding” served as the legal basis for federal emissions-curbing action, especially in vehicles, which President Trump stated was “a disastrous Obama era policy that severely damaged the American auto industry and massively drove up prices for American consumers.”

What will this motion change?

With this key policy out of the way, car producers will be able to lower costs by $2,400 per vehicle, and Trump administration representatives argue that this change will help save more than $1 trillion, cutting the price of energy and transport.

In a statement, former EPA and Department of Justice attorney Meghan Greenfield explained that besides the automotive sector, this move also concerns power plants, the oil and gas sector, methane from landfills, and even aircraft, and the erasing of this ruling is removing the premise for standards for each of these sectors.

Sharing his thoughts in a publication on X, former president Obama said that repealing the finding would make Americans more vulnerable, adding that “Without it, we’ll be less safe, less healthy and less able to fight climate change—all so the fossil fuel industry can make even more money.”

This decision will inevitably stir commotion in the climate tech industry, and environmental groups have already expressed intent to challenge it in court.

What are the implications for carbon dioxide removal?

For the U.S. carbon dioxide removal (CDR) sector, this motion creates further uncertainties in an already shaky political environment.

In a publication, Carbon180’s Noah McQueen, PhD, explains that as a solution that is intended to address the emissions that remain after deep reductions and not act as a compensatory tool for missing regulation, CDR is only credible when it operates inside a world where emissions are constrained, and the “endangerment finding” enabled exactly that reality.

Noah McQueen, PhD Director of Science and Innovation at Carbon180. Image source: LinkedIn

He stresses that before the revoking, the endangerment finding clearly indicated the role of CDR in a regulated system, supporting long-term policy signals by clarifying why removals are needed, how much is required, and under what conditions their use is legitimate.

McQueen points out that with this policy now gone, compliance-driven CDR demand becomes less certain and less durable, while the distinction between residual and avoidable emissions gets blurred, and the guardrails that separate responsible and durable CDR from “offsetting-by-another-name” are now harder to maintain. 

While the reversing of the endangerment finding does not erase carbon removals from the climate conversation, McQueen notes that it does, however, push CDR into a more fragmented and unstable policy landscape.

Relevant: Stanford Study Maps California’s Path To Net Zero By 2045

Impact on carbon capture

Carbon capture requirements that relied on the EPA’s endangerment finding are effectively no longer backed by that authority after this week’s repeal. Standalone requirements under other laws or permit conditions might persist, but the core federal greenhouse gas framework is now in flux and legally contested.

Furthermore, to completely undo the requirements, an additional set of rules would have to be enacted. Jeff Holmstead, former assistant administrator of the EPA for Air and Radiation, shared with E&E that the “EPA would still have to issue a rule to deal with the Biden [carbon dioxide] standards for power plants,” adding more time to the process of deregulation.

The technology still has the support of the 45Q credit and is of particular interest to the oil industry, which has an increasing interest in enhanced oil recovery. Exxon also appears to be doubling down by commercializing its CCUS network with agreements with CF Industries, Marubeni, and Calpine and is looking into powering the data center boom with natural gas and carbon capture installed.

CEO Darren Moore said at the company’s earnings call in January that “The really only viable option at scale today here in the very near to medium term is gas-fired power generation with carbon capture. And we’re uniquely positioned with respect to that, with the investment that we made in Denbury, and now today have the only large-scale end-to-end carbon capture and sequestration system.”

Read more: Opinion: Compete Or Vanish: A post-One Big Beautiful Bill Doctrine For Climate Technology

What happens next?

As environmental groups gear up for legal action, labeling this move as by far the most significant rollback on climate change yet, experts believe that both state and non-profit groups will be the ones to bring suits in state courts to try and understand the extent of this new law.

For carbon removal efforts, this update creates a risk of slow and misaligned scale, where CDR in the U.S. could be expanded without clear limits and durable oversight and without a shared understanding of the role it is meant to play in a credible climate strategy.

Looking ahead, Noah McQueen shares that Carbon180 and its team will continue working on cohesive and consistently regulated carbon removal, stating, “We will act on opportunities where new forms of public procurement, tax incentives, and R&D support expand to fill this gap. And we will build back towards a strong federal anchor to ensure long-term confidence, impactful investment, and accountability for purchases.”

This article was co-authored by Vasil Velev.

Related Posts
Translate »
Total
0
Share