D.C. Circuit Endangerment Finding Litigation: The Stall Is On

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The Endangerment Finding (EF) is the completely absurd piece of regulatory overreach by which the Obama EPA in December 2009 purported to determine that the trace atmospheric gas carbon dioxide was a “danger to human health and welfare.” That action may have been absurd, but it was by no means benign. CO2 is a principal product of all combustion of fossil fuels. Following on the EF, EPA and other government agencies in the Obama and then Biden Administrations set out to use the EF as the basis to transform our entire energy economy — suppressing drilling, blocking pipelines, forcing closure of power plants, outlawing combustion cars and gas heat and stoves, and much, much more.

In Trump’s first term, EPA never chose to take on the EF; but in Trump’s second term the agency got right to work on the job of rescission, and issued the final rule rescinding the first part of the EF (as to motor vehicle emissions) on February 13, 2026. By February 18, progressive NGOs were already in court (D.C. Circuit) seeking to block the rescission. I covered the rescission of the EF in this post on February 15, and then the status of the litigation in this further post on July 21.

If you are interested in this subject, here is the key issue to watch: Do the progressive NGOs and their blue state co-petitioners, and for that matter the D.C. Circuit itself, want this case to proceed to a quick resolution? Or do they want to stall?

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Big Tech On The Path To Net Zero -- 2026 Edition

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Back in July 2024, I had a post titled “Big Tech On The Road To Net Zero.” Here was the introductory paragraph:

Among the adherents to the cult of climate change, nobody can claim a higher level of sanctimony than the Big Tech behemoths — the likes of Google, Microsoft and Meta. These new economic titans fancy themselves to be totally unlike the dirty and grubby industrial companies of the past, like the steel, automobile or oil producers with their belching smokestacks. Each of these new tech powerhouses loudly proclaims its sacred and unwavering commitment to “net zero” emissions by some early date, typically 2030.

At the time of that post, all three of those Big Tech behemoths, besides maintaining their own supposed paths to “net zero,” were also engaged to one degree or another in censoring and/or de-monetizing and/or downgrading anybody who dared to deviate from the so-called “climate consensus” — whatever that may be.

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Yet Another Embarrassment From The National Academy Of Pseudoscience

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Yet Another Embarrassment From The National Academy Of Pseudoscience

In my own professional life, I was not a scientist, and therefore I never much paid attention to the kinds of rewards and honors that practicing scientists pass out to each other. But at some point I became aware that there was something called the National Academy of Sciences, and that among scientists it was considered a big deal to get selected to become a member. This membership is one of those things that you cannot apply for; rather, one day you get “tapped” by some committee of super-elite gurus who invite you to come learn the secret handshake. Here’s what Wikipedia has to say about membership:

Membership of the National Academy of Sciences is an award granted to scientists that the National Academy of Sciences (NAS) of the United States judges to have made “distinguished and continuing achievements in original research”. Membership is a mark of excellence in science and one of the highest honors that a scientist can receive.

There are only around 2000+ members of the NAS, out of a universe of some 2 million + people who do some kind of scientifically-related research. So only about one in a thousand gets in. Needless to say, these people must be really, really smart.

Well, as far as I can tell, they are all morons. Also, corrupt morons.

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Endangerment Finding Litigation Update

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  • On February 13 this year, the federal EPA rescinded one of its regulatory actions known as the “Endangerment Finding.” (EF).

  • The EF, originally adopted in 2009 early in the Obama administration, was likely the single most costly and destructive regulatory action ever to spring forth from the administrative state. The EF became the fundamental underpinning for all the subsequent regulations that sought to restrict and ultimately ban use of fossil fuels in the economy — everything from regulations seeking to force closure of power plants, to efforts to mandate only electric cars, to restrictions on drilling and pipelines, and much, much more. The Trump administration is now systematically dismantling all those regulatory wrecking balls.

  • But the opposition has not been idle. Once the rescission became final, the Climate Blob immediately sprang into action with a barrage of lawfare. The first litigation challenging rescission of the EF was filed in the D.C. Circuit on February 18.

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Rolling Blackouts Hit New York

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  • At least since New York passed its Climate Leadership and Community Protection Act (CLCPA) back in 2019, it has been clear that trouble has been coming for New York’s electrical grid. The CLCPA effectively prohibits construction of new fossil fuel power plants, even natural gas plants; and the old ones are aging and are forbidden to be replaced or upgraded.

  • Supposedly, lots of wind and solar generators were going to be added to the system. But those have been slow to come and, more importantly, can’t be counted on to generate anything when you need them. In addition, new construction of such things has now been stalled by the end of federal subsidies. At some point the lines of diminishing reliable generation and increasing demand would have to cross.

  • However, here at this website I have held off predicting imminent grid failure. The reason is that I don’t want to be the boy who cried wolf. Our grid operators are competent people, and they have a lot of tricks up their sleeves to hold things together even in difficult circumstances. In a pinch, they can start up every ancient “peaker” plant, and then import some power from PJM, or New England, or even from Canada. Despite New York’s hostile energy environment, they could get lucky and avoid blackouts for at least several more years.

  • So I think it is important to report that on this past July 2 and 3, Con Edison ran out of options and imposed rolling blackouts in parts of the North Bronx and Southern Westchester County.

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New York Court Refuses To Block State's Plan For A "Renewables" Program

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  • For a couple of years now, I have been collaborating with a small group of friends here in New York to see if we can introduce some rationality into the State’s completely insane energy plans. The other three members of our little cabal (Roger Caiazza, Richard Ellenbogen and Constantine Kontogiannis) are a scientist (Caiazza) and two engineers who are knowledgeable about how the electrical grid works.

  • Our efforts have included things like submitting comments on various regulatory proposals, intervening in Public Service Commission proceedings, and even bringing court proceedings to try to block crazy and impossible schemes from taking effect. So far we have scored exactly zero public successes, although we do occasionally receive communications (always confidential and never in writing) from various bureaucrats who say things like “I know you’re right, but I can’t speak up or I will lose my job.”

  • On Monday (July 13) we achieved our latest defeat when a Justice of the Albany County Supreme Court (William Little) issued an Order dismissing a Petition we had filed seeking to overturn a May 2025 Order of the Public Service Commission on the subject of the State’s Renewable Program and Clean Energy Standard.

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