Summary of "A ‘Dagger in the Heart’ of Climate Change Regulation"

Podcast: The Daily
Host/Author: The New York Times
Episode Title: A ‘Dagger in the Heart’ of Climate Change Regulation
Release Date: July 31, 2025

Introduction

In the episode titled "A ‘Dagger in the Heart’ of Climate Change Regulation," hosted by Michael Barbaro, The Daily delves into the significant regulatory shifts in U.S. climate policy. The discussion centers around the Trump administration's recent move to eliminate the "endangerment finding," a cornerstone of the government's ability to regulate greenhouse gases and combat climate change.

The Endangerment Finding: Foundation of Climate Regulation

Michael Barbaro opens the episode by highlighting the gravity of the Trump administration’s latest regulatory rollback. He states:

"It's eliminating the scientific finding at the heart of the government's ability to fight climate change in the first place." (00:01)

Lisa Friedman, a New York Times correspondent, explains the context:

"The endangerment finding is the legal and scientific basis for regulating greenhouse gases in the United States from automobiles, from power plants, from oil and gas wells, and more rulemaking." (01:57)

Lee Zeldin, EPA Administrator, provides a historical perspective:

"Back in 2007, the Supreme Court ruled in a case called Massachusetts vs EPA, that greenhouse gases... are pollutants and that the EPA can regulate them if they pose a danger to human health and welfare." (02:10)

This finding stemmed from a comprehensive 200-page report compiled during the Obama administration, which assessed the risks of climate change based on extensive scientific data, including reports from the Intergovernmental Panel on Climate Change (IPCC).

Reactions to the Endangerment Finding

Initially, the endangerment finding faced significant opposition from various sectors:

"The fossil fuel industry is deeply concerned. The Chamber of Commerce is deeply concerned... worries that the federal government will start regulating emissions from Dunkin Donuts and small businesses and churches and synagogues." (04:29)

Despite these challenges, the finding withstood legal battles and became the official stance of the U.S. government on climate change.

Regulatory Actions Derived from the Finding

The endangerment finding paved the way for several landmark regulations:

Barack Obama announced the Clean Power Plan as a direct outcome of this finding:

"Power Plan, A plan two years in the making and the single most important step America has ever taken in the fight against global climate change." (05:42)

Subsequent regulations targeted emissions from the utility sector, methane leaks from oil and gas wells, and automobile tailpipe emissions. These measures were crucial in steering the U.S. towards compliance with the Paris Agreement, as Obama noted:

"If we follow through on the commitments that this Paris Agreement embodies, history may well judge it as a turning point for our planet." (07:26)

Shifts Under the Trump Administration

With Trump's election, there was an immediate pivot away from these climate initiatives:

Lee Zeldin summarizes Trump's actions:

"Trump is elected, and he immediately takes aim at any number of Obama era energy and climate efforts... weaken the Clean Power Plan... repeal the endangerment finding." (07:50)

Initially, Trump attempted to repeal the endangerment finding but faced resistance:

"The EPA at that time made the decision that it was not a legal fight that it felt it could win, and it wasn't a science fight that they felt they could win." (08:30)

However, by the second term, the administration intensified efforts to dismantle the finding, framing it as a move to satisfy constituencies opposed to climate regulations.

Biden Administration: Reinforcement of Climate Policies

In contrast, the Biden administration reinforced and expanded upon the endangerment finding:

"The Biden administration really made addressing climate change a signature part of its work... strengthened many of the Obama rules." (10:24)

Key actions included:

• Aggressive automobile emissions rules promoting electric vehicles.
• Strict regulations on coal-fired power plants and methane emissions.

These measures underscored the administration's commitment to using the endangerment finding as a regulatory foundation.

Second Trump Term: A Renewed Assault

During his second term, Trump targeted the endangerment finding with renewed vigor:

Lee Zeldin describes the strategy:

"Trump... signed an executive order ordering the EPA administrator to make a recommendation about the legality and applicability of the endangerment finding." (13:20)

The EPA, under Trump's directive, began crafting arguments to invalidate the finding, including:

1. Local vs. Global Impact: Arguing that air pollution is a local issue and the EPA lacks authority to regulate global phenomena like climate change. (14:27)
2. Inclusion of Regulatory Costs: Suggesting that the costs of regulation should factor into the endangerment assessment, a shift from previous considerations. (15:11)
3. Technological Ineffectiveness: Claiming that existing technologies cannot significantly mitigate greenhouse gas emissions. (15:11)

These strategies reflect an attempt to dismantle the regulatory framework established by the endangerment finding.

Industry and Public Response

Despite initial fears, the business community gradually accepted the scientific consensus on climate change:

"By 2016 had really lost an appetite for fighting it... they were okay with it." (08:48)

However, the second Trump administration's efforts are seen as a reaction to pressure from climate change skeptics and denialist groups, aiming to strip governmental tools to address climate issues.

Legal and Legislative Implications

The longstanding reliance on executive actions for climate regulation has led to "regulatory whiplash," with alternating administrations enacting opposing policies. Lee Zeldin highlights the absence of comprehensive legislation:

"The reason we have had all of this whiplash with regulations... is because there is no law explicitly mandating the reduction of carbon emissions in the atmosphere." (21:01)

Future climate policy stability is likely contingent upon Congressional action to establish enduring legislation, moving beyond the precarious balance of executive orders and administrative findings.

Future Outlook and Conclusion

Looking ahead, the possibility of reinstating the endangerment finding remains challenging:

"It's easier to kill the endangerment finding than it is to build it back up." (21:52)

Lee Zeldin posits that while a future administration could attempt to restore the finding, the process would be time-consuming and legally complex.

The episode concludes by emphasizing the pivotal role of legislative action in establishing a stable and permanent framework for climate regulation, moving beyond the oscillations caused by changing administrations.

Notable Quotes with Timestamps

• Michael Barbaro: "It's eliminating the scientific finding at the heart of the government's ability to fight climate change in the first place." (00:01)

• Lisa Friedman: "The endangerment finding is the legal and scientific basis for regulating greenhouse gases in the United States..." (01:57)

• Barack Obama: "If we follow through on the commitments that this Paris Agreement embodies, history may well judge it as a turning point for our planet." (07:26)

• Lee Zeldin: "The EPA is making a series of arguments and alternative arguments... throwing a bunch of spaghetti to see what sticks with a court." (14:27)

Conclusion

"A ‘Dagger in the Heart’ of Climate Change Regulation" offers an in-depth analysis of the pivotal role the endangerment finding has played in shaping U.S. climate policy. Through expert insights and historical context, the episode underscores the fragile nature of climate regulation in the absence of robust legislative support, highlighting the ongoing tug-of-war between environmental imperatives and political agendas.