Update (September 2026): EPA rescinded the 2009 finding on 12 February 2026; the rescission is challenged in the D.C. Circuit (APHA v. EPA, No. 26-1037, with a 24-state petition filed 19 March 2026). On 14 September 2026 EPA finalised repeal of the power-sector GHG standards, and on 17 September it proposed rescinding the Clean Air Act Section 111 GHG findings for power plants (91 FR 59002). The GHGRP repeal remains a proposal; reporting-year 2025 GHGRP reports are still due 30 October 2026.
What this does to Scope 2 pathways and US disclosure: The State of Sustainability Reporting, September 2026.
The 2009 EPA Endangerment Finding determined that six greenhouse gases, including CO₂ and methane, pose a danger to public health and welfare, allowing the EPA to regulate them under the Clean Air Act. While the legal trigger applied to vehicle emissions under Section 202(a), the broader finding enabled regulation of industrial sources, power plants, and the oil & gas sector. In 2025, efforts to revoke this finding threaten to eliminate the federal government’s authority to address climate change under existing law. View the original EPA documentation.
