In February 2026, the Environmental Protection Agency (EPA) formally rescinded the 2009 Greenhouse Gas Endangerment Finding, which had served as the scientific and legal foundation for nearly two decades of federal climate protections. Millions of Americans are now at risk of developing or worsening health conditions related to excess carbon dioxide, methane, and other pollutants from burning fossil fuels. This rollback also puts the environment at risk for significant overheating and weather-related disasters.
Understanding the “Endangerment Finding”
Stemming from the Supreme Court’s Massachusetts v. EPA case, the agency determined that greenhouse gases like carbon dioxide and methane pose a direct risk to public health and welfare. This determination gave the EPA the statutory authority under the Clean Air Act to regulate emissions from vehicles, power plants, and the oil and gas industry.
However, as of 2026, the EPA argues the agency now lacks statutory authority under the Clean Air Act to regulate greenhouse gas emissions. This move removes noncompliance penalties for the transportation sector, the nation’s largest source of climate pollution. Automakers can focus on producing diesel and less-efficient gas vehicles without EPA repercussion.
The Risks to Public Health and the Environment
High carbon dioxide levels are linked to serious health conditions such as asthma flares, new-onset asthma, and worsen Chronic Obstructive Pulmonary Disease (COPD). Children, older adults, and people living near industrial sites are at higher risk. Additionally, public health experts nationwide have said this recession is putting the country at risk of more heat waves, deadly wildfires, and increased global warming.
How To Hold Polluters Accountable
While the federal government may be stepping back, the legal system remains a powerful tool for justice. If you or your community are affected by rising pollution or the health consequences of climate change, consider the following steps:
- Visit a Medical Provider and Request Records: If you start to experience new or worsening symptoms, visit a healthcare provider immediately. Afterward, request your medical records.
- Engage with Environmental Justice Groups: Advocacy stretches beyond the courtroom. Environmental groups such as the Napoli Shkolnik Environmental Law Forum empowers those in need with the tools to fight back against injustice.
- Consult an Expert Legal Team: Navigating complex mass tort and environmental liability cases requires a team with a proven track record. Our firm has secured more than $15 billion in PFAS settlements, a $640 million Flint Water Crisis settlement, and is currently representing the City of Baltimore against major plastic manufactures like PepsiCo and tobacco companies for environmental harm. Even as federal standards are rolled back, the public nuisance doctrine allows communities to hold corporations accountable for interfering with public health and safety.
The Legal Road Ahead
As Napoli Shkolnik Founding Partner Paul Napoli said, “Denying the truth does not equate to legal immunity, and this will be fought in court for years to come.”
If you believe your community is at risk due to the rollback of these critical protections, do not wait. Contact Napoli Shkolnik today to discuss how we can stand together against this deregulation.
