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The world’s highest court recently affirmed that climate action is a legal duty and that governments must regulate greenhouse gas emissions.
When US Environmental Protection Agency, or EPA, Administrator Lee Zeldin announced last month his official proposal to rescind the agency’s foundational determination that greenhouse gas emissions endanger human health and welfare, he insinuated that previous administrations (under former Presidents Barack Obama and Joe Biden) had “twisted the law, ignored precedent, and warped science” in order to achieve their regulatory agendas. And the regulations of these planet-warming emissions, not the emissions themselves like carbon dioxide, are “the real threat to Americans’ livelihoods,” Zeldin suggested.
EPA’s greenhouse gas endangerment finding, established in 2009, serves as the basis of its legal obligation under the Clean Air Act to regulate greenhouse gas (GHG) emissions from sources such as motor vehicles and power plants. The finding was based on an extensive review of the scientific record, which has gotten even more robust over the last 16 years, and has survived all legal challenges brought against it.
The Trump administration’s move to do away with the finding contradicts the overwhelming scientific evidence that greenhouse gas emissions are driving dangerous climate change impacts. There are also arguments to be made that it is unlawful. And, it goes against the pleas of the hundreds of Americans who have spoken out this week in opposition to Zeldin’s sweeping deregulatory proposal. In other words, contrary to Zeldin’s assertion, it is actually the Trump administration that is twisting or ignoring the law and public sentiment and warping science.
Let’s start with the science. The world’s premier body of climate scientists—the Intergovernmental Panel on Climate Change—has stated that it is “unequivocal” that human activities are warming the planet and causing rapid and widespread changes, such as more extreme weather, that are unprecedented over millennia. The US Fifth National Climate Assessment report observes that “harmful impacts from more frequent and severe extremes are increasing across the country” and notes that “climate changes are making it harder to maintain safe homes and healthy families; reliable public services; a sustainable economy; thriving ecosystems, cultures, and traditions; and strong communities.” These are authoritative statements from reports involving hundreds of scientists and extensive peer review.
What the Trump administration is doing with repealing the endangerment finding and all GHG regulations that flow from it, therefore, could be a violation of international law under the ICJ’s recent advisory opinion.
But to support its proposal to rescind the endangerment finding, Trump’s EPA relies instead on a new report issued by the Department of Energy (DOE) that rejects the scientific consensus on climate change and claims that GHG emissions and climate impacts are not harmful. The report, hastily written by five climate skeptics over a period of just two months, recycles many climate denialist talking points and, according to one analysis, includes over 100 false or misleading statements. As science historian Naomi Oreskes puts it, “Climate denial is now the official policy of the US government.”
“What the Trump administration and the Department of Energy did is pull together this small hand-picked group of people to work in secret to write this report that questions that mountain of scientific evidence that climate change is harming people,” said Erin Murphy, a senior attorney at Environmental Defense Fund (EDF).
“In and of itself, the conclusions of that report are inaccurate and inconsistent with the vast, vast majority of scientific findings and the consensus across the scientific community,” she added. “But also, the report is inconsistent with federal law.”
EDF and the Union of Concerned Scientists have filed a lawsuit against the DOE, the EPA, and the group of five climate skeptics arguing that the secretive manner in which the report was pulled together violates the Federal Advisory Committee Act, which mandates transparency and opportunities for public engagement in government advisory proceedings.
The report has not gone through formal peer review, and although it is currently open to public comment, the time window for commenting is limited to just 30 days (closing on September 2) during a month when many people take vacations or might otherwise be unavailable. And until this week, none of the hundreds of comments that have come in were publicly visible. That hiding of the comments, Murphy said, “further underscores the government’s efforts to do this in secret.”
The lawsuit aims to block the Trump administration from using this report in its efforts to rescind the endangerment finding.
It was clear to me that the speakers—from environmental groups, the medical community and scientists to municipal and state governments and private citizens—were overwhelmingly united in their disapproval of the nixing of EPA’s foundational finding that GHG emissions endanger our health and welfare.
Even if EPA plows ahead and finalizes its move to eliminate the finding, that action will certainly be challenged in court. It remains to be seen what legal arguments environmental groups and other challengers will put forth.
One thing that is clear is that climate action is no longer optional, but rather a legal obligation, as several international courts have affirmed in recent landmark climate change advisory opinions. The International Court of Justice, considered the world’s highest court, delivered its opinion on July 23. The ICJ clarified that states have obligations under multiple sources of international law to reduce emissions and that governments must regulate the emissions of private actors. The customary law duty to prevent significant environmental harm to the climate system, which applies to all countries regardless of whether they are parties to specific treaties, includes putting in place “regulatory mitigation mechanisms” to reduce GHG emissions, the court said. Such rules “must regulate the conduct of public and private operators.” According to the court, failure to act in good faith to regulate emissions could be considered an unlawful act.
What the Trump administration is doing with repealing the endangerment finding and all GHG regulations that flow from it, therefore, could be a violation of international law under the ICJ’s recent advisory opinion. And while the opinion itself is nonbinding, it may be invoked in domestic court proceedings around the world, including in the US.
Zeldin’s endangerment finding rescission also seems to be untenable in the court of public opinion. “In repealing the endangerment finding, the Trump administration is stepping far out of line with public opinion, as voters across partisanship are in strong agreement that greenhouse gas emissions are a threat to public health and should be regulated,” Data for Progress says in reference to new poll results it released last week.
EPA held virtual public hearings last week on its proposal, and almost everyone who testified spoke in opposition to eliminating the endangerment finding. Out of the roughly 200 people who spoke on Tuesday, fewer than 10 voiced support for EPA’s rollback, Inside Climate News reports. I tuned into some of the hearings on Wednesday and Thursday, and it was clear to me that the speakers—from environmental groups, the medical community and scientists to municipal and state governments and private citizens—were overwhelmingly united in their disapproval of the nixing of EPA’s foundational finding that GHG emissions endanger our health and welfare.
“The EPA has a responsibility to regulate greenhouse gases for what they are—a clear, present, and growing threat to the health and well-being of every American,” Kim Cobb, a climate scientist, told the EPA panel in concluding her testimony.
Tiffany Covarrubias Lyttle, a registered nurse and mother of seven children, said during her testimony that the father of her children recently passed away from cancer, specially an environmentally triggered adenocarcinoma.
“Repealing environmental protections and rescinding [the endangerment] finding will make stories like mine more common,” Lyttle said. “Clean air, clean water, and a stable climate aren’t just environmental issues. They are in fact a matter of life and death.”
This piece was originally published on Dana Drugmand’s Substack One Earth Now on August 21, 2025.
"He just fired the last remaining State Department employees who work on climate change, which is undoubtedly one of the greatest threats to our national security," said Sen. Bernie Sanders.
U.S. Sen. Bernie Sanders on Sunday condemned President Donald Trump's decision to terminate all remaining federal employees at the State Department office that works on international climate policy, a move that came as the administration hired prominent climate denialists and continued to boost the industry primarily responsible for the planetary crisis.
In a statement, Sanders (I-Vt.) accused Trump of "putting the planet and future generations at risk for the short-term profits of his fossil fuel executive friends." The president has repeatedly described climate change as a "hoax" and a "scam" and has moved aggressively to silence researchers and suppress data that contradict his false position.
Grist's Kate Yoder wrote Monday that "this isn't climate denial in the traditional sense."
"The days of loudly debating the science have mostly given way to something quieter and more insidious: a campaign to withhold the raw information itself," Yoder added.
Sanders' statement came days after the U.S. State Department fired all employees still at the Office of Global Change, which Secretary of State Marco Rubio is moving to eliminate at Trump's behest. Most of the office's staffers, who were tasked with engaging in international climate negotiations, had already departed voluntarily amid Trump's sweeping withdrawal from global climate initiatives and talks.
From May 2024 to May 2025, 4 billion people (half of the world’s population) experienced at least one extra month of extreme heat due to climate change.
And what is Trump’s response? He just fired the last remaining State Department employees who work on climate change. pic.twitter.com/IOlH9MImHU
— Bernie Sanders (@SenSanders) July 13, 2025
Sanders highlighted the context of Trump's assault on climate science and diplomacy, pointing to "flooding in Texas this past week and in Vermont and Brazil last summer, recent wildfires in Canada and Los Angeles, and heatwaves in the United States, Europe, India, and Pakistan"—extreme weather made more intense by fossil fuel-driven climate change.
"The past 10 years have been the warmest 10 years on record," the senator noted. "2024 was the warmest year in recorded history. January 2025 was the hottest January on record. Western Europe just had its hottest June on record. The recent heatwave in the United States put nearly 190 million Americans under heat advisories and broke heat records in more than 280 locations. Over the past 60 years, the frequency of heatwaves in the United States has tripled. According to a new study from Yale University, 64% of Americans think global warming is affecting the weather in the U.S. and almost half say they have personally experienced its effects."
"And what is President Trump's response? He just fired the last remaining State Department employees who work on climate change, which is undoubtedly one of the greatest threats to our national security," said Sanders.
While removing federal climate staffers and experts en masse, Trump's administration has hired prominent climate denialists and moved to expand planet-warming oil and gas drilling—a gift to the fossil fuel giants that poured nearly $20 million into the president's inaugural fund and helped bankroll his White House campaign.
"Every month that Donald Trump has been in power, we've seen a raft of anti-climate measures come out which are music to the fossil fuel industry's ears," said Nicu Calcea, senior data investigator at Global Witness. "From plans to steamroll through dirty new coal plants, to the attempted quashing of 'polluter pays' laws that would hold oil giants accountable, it's clear where his political priorities lie."
"Their philosophy is, if we ignore it, it's not a problem," said one meteorologist.
On the heels of the news that higher-than-average temperatures continued globally in April, one of the United States' top science agencies announced Thursday that it will no longer update a database that tracks climate disasters that cause billions of dollars in damage.
As of Thursday, the Billion Dollar Weather and Climate Disasters database on the National Oceanic and Atmospheric Administration's (NOAA) website was replaced with a message saying there have been no such events in 2025 through April 8.
That flies in the face of an analysis by the National Centers for Environmental Information, which has maintained the database and said before it was taken down that six to eight billion-dollar climate disasters have happened so far this year, including the wildfires that devastated parts of Los Angeles in January and caused an estimated $150 billion in damage.
The World Weather Attribution said in late January that planetary heating, fueled by greenhouse gas emissions, caused weather conditions in Southern California that made the fires 35% more likely.
Hundreds of people have been laid off from NOAA in recent weeks as the so-called Department of Government Efficiency, led by billionaire tech CEO Elon Musk, has pushed to slash government spending, and those who have lost their jobs include scientists who helped maintain the database.
NOAA spokesperson Kim Doster told The Washington Post that in addition to staff changes, "evolving priorities" were also partially behind the retiring of the database, which will now show disasters that occurred only between 1980-2024.
Between 2020-24, the number of billion-dollar disasters averaged 23 per year, compared to just a few per year in the 1980s.
"This Trump administration move is the dumbest magic trick possible: covering their eyes and pretending the problem will go away if they just stop counting the costs. Households across the country already have to count these costs at their kitchen table as they budget for higher insurance costs and home repairs. Families and retirees dipping into their savings or going bankrupt to recover from wildfires and hurricanes know what disasters cost," said Carly Fabian, senior insurance policy advocate with Public Citizen's Climate Program. "Hiding the national tallies will only undermine our ability to prepare and respond to the climate crisis. Deleting the data will exacerbate the devastating delays in acting to slow climate change, and the impacts it is having on property insurance and housing costs."
NOAA's "evolving priorities" have also included decommissioning other datasets, including one tracking marine environments and one tracking ocean currents.
Without NOAA's Billion Dollar Weather and Climate Disasters database, Jeremy Porter, co-founder of the climate risk financial modeling firm First Street, told CNN that "replicating or extending damage trend analyses, especially at regional scales or across hazard types, is nearly impossible without significant funding or institutional access to commercial catastrophe models."
"What makes this resource uniquely valuable is not just its standardized methodology across decades, but the fact that it draws from proprietary and nonpublic data sources (such as reinsurance loss estimates, localized government reports, and private claims databases) that are otherwise inaccessible to most researchers," he said.
Chris Gloninger, a meteorologist who resigned from an Iowa news station after receiving threats for his frank, science-based coverage of climate disasters, said the retiring of the database suggests the Trump administration is "okay with spending billions of dollars on disasters."
"Every dollar that we spend on mitigation or adaptation saves $13 in recovery costs," said Gloninger. "But their philosophy is, if we ignore it, it's not a problem."