EPA diminishes its own regulatory authority forcefully

The Environmental Protection Agency (EPA) has proposed to revoke a 2009 declaration, known as the endangerment finding, which affirmed that greenhouse gas emissions pose a threat to human health. This move, if successful, could have far-reaching implications for the United States' efforts to combat climate change.

The endangerment finding underpins many of the EPA's most powerful regulations of planet-warming emissions. One such regulation is the strict tailpipe-emissions limits imposed by the Biden administration, aimed at pushing the U.S. towards electric vehicles. If the endangerment finding is revoked, these limits could collapse.

Another regulation at risk is the EPA rule that regulates methane pollution from oil and gas facilities. The proposed rollback of the endangerment finding could take many EPA rules regarding emissions with it, including regulations on carbon emissions from vehicles.

The EPA's proposal to revoke the endangerment finding is based on the argument that the agency overstepped its legal authority. However, the move may face a wave of legal challenges and may ultimately be considered by the Supreme Court. If the court's conservative majority rules in the Trump administration's favor, a future presidential administration may not be able to bring it back without Congress' help.

Meanwhile, the solar industry is grappling with its own challenges. According to Jeff St. John, non-equipment "soft costs" like permitting and project management make up approximately two-thirds of an installation's price tag. Solar industry veteran Andrew Birch suggests reducing these costs to help solar stay cost-competitive.

The proposed rule change may not be published until 2026, after the EPA has reckoned with a likely barrage of public comments. In the meantime, the solar industry is exploring innovative solutions. Sachu Constantine, executive director of Vote Solar, advocates for focusing on pairing solar panels with batteries to create "virtual power plants". These virtual power plants can back up the grid when power demand is high.

On a positive note, some states are pushing forward with clean energy initiatives. New York, for instance, has embraced the concept of all-electric buildings. However, the future of federal policies remains uncertain, as the One Big Beautiful Bill is set to erase federal tax credits for rooftop solar panels, effective for 20 years. Rising interest rates and state policies have been eroding the economic case for installing rooftop solar panels for several years.

As the EPA moves forward with its proposal, the solar industry and climate advocates will need to navigate these challenges and find ways to continue pushing for a cleaner, more sustainable future.