# Harvard Law School Professor Jody Freeman Unpacks the EPA Decision to Rescind the Greenhouse Gas Endangerment Finding in the Newest Episode of “Environmental Insights” March 02, 2026 **CAMBRIDGE MA. –** The U.S. Environmental Protection Agency’s (EPA) decision to rescind the [2009 Greenhouse Gas Endangerment Finding](https://www.epa.gov/climate-change/endangerment-and-cause-or-contribute-findings-greenhouse-gases-under-section-202a) is drawing sharp rebuke from scientists and environmental advocates, but the decision may not withstand challenges in the courts. That’s the assessment offered by [Jody Freeman](https://hls.harvard.edu/faculty/jody-freeman/), the Archibald Cox Professor of Law at [Harvard Law School](https://hls.harvard.edu/),in the newest episode of“[Environmental Insights: Discussions on Policy and Practice from the Harvard Environmental Economics Program](https://soundcloud.com/environmentalinsights/).” The podcast is produced by the [Harvard Environmental Economics Program](http://www.heep.hks.harvard.edu/). Listen to the interview [here.](https://on.soundcloud.com/4MCZUVMVr1GK3sJiEH) Hosted by [Robert N. Stavins](https://www.hks.harvard.edu/faculty/robert-stavins), A.J. Meyer Professor of Energy and Economic Development at [Harvard Kennedy School](http://www.hks.harvard.edu/) and director of the [Harvard Environmental Economics Program](http://www.heep.hks.harvard.edu/) and the [Harvard Project on Climate Agreements](https://www.belfercenter.org/project/harvard-project-climate-agreements), Environmental Insights is intended to promote public discourse on important issues at the intersection of economics and environmental policy. Freeman, who founded both the [Environmental and Energy Law Program](https://eelp.law.harvard.edu/) and the [Environmental Law Clinic](https://hls.harvard.edu/clinics/in-house-clinics/environmental-law-and-policy-clinic/) at Harvard Law School, explained how the endangerment finding emerged from the verdict in the [Massachusetts vs. EPA Supreme Court case](https://supreme.justia.com/cases/federal/us/549/497/) in which the court ruled that greenhouse gases are pollutants that could be covered by the [Clean Air Act](https://www.epa.gov/laws-regulations/summary-clean-air-act) if EPA found that these gases “endangered public health and welfare.” “The Obama administration took the scientific analysis that EPA had already done, updated it, and made the endangerment finding for greenhouse gases,” she remarked. “The first set of standards was for emissions from new cars and trucks under section 202 of the law. Interestingly, that is the section that the Trump administration now is claiming it does not have the authority under to make this endangerment finding or set these car \[fuel efficiency\] standards.” Freeman explained that the administration is also contending that it would be futile to regulate greenhouse gas emissions from vehicles because the emissions from new cars and trucks are a very small fraction of overall emissions. “This really is a rehash of the losing arguments in Massachusetts versus EPA,” she said. “They look slightly different. They're articulated slightly differently, but the heart of it is the same. So, in my view, they're really taking another run at the losing side of the argument.” The administration’s strategy, Freeman claimed, is based on the calculation that today’s Supreme Court will likely be much more sympathetic to their arguments than was the Court as it existed in 2007. “It's a risky thing for this administration to now take a run at it, but I speculate that their thinking is, well, we have three justices on the Supreme Court… who were in the dissent in Mass. versus EPA, including the Chief Justice, and all of the members of the majority from Massachusetts versus EPA are gone… and we have a new conservative Supreme Court, maybe we can pick up a couple of other votes and it's worth taking a run at it,” she claimed. Freeman said it’s difficult to predict how the high court would rule, but there are several possibilities. “I can imagine a place where the Supreme Court might land where it doesn't quite say that EPA lacks authority to regulate global pollution because that would contradict what it said in Mass. versus EPA, but it's possible they would find something in the language of contribution to rule for the administration. I don't think that would be the right reading of the law, but I certainly think EPA is hoping for it,” she stated. But either way, Freeman argued, it will likely be several years before a final verdict is rendered. “Even if this does reach the Supreme Court, it will be quite some time, and it will pretty much run out the clock on the administration,” she said. “So, we're not going to see any greenhouse gas rules likely from this administration between now and the time they leave office.” Should the high court eventually rule for the administration, Freeman explained, the federal government would be virtually powerless to regulate emissions. “That would knock out the Clean Air Act as a source of federal climate regulations because if they can't make an endangerment finding \[applicable\] for cars and trucks, then they can't make an endangerment finding anywhere in the Clean Air Act \[in order to\] regulate global pollution. So, if the court were to go for that argument, then Congress would need to amend the law to restore EPA’s authority to set greenhouse gas standards,” she concluded. Freeman’s interview is the first episode released in 2026 in the [Environmental Insights](https://soundcloud.com/environmentalinsights/) series, with additional episodes scheduled to drop each month. “Environmental Insights is intended to inform and educate listeners about important issues relating to an economic perspective on developments in environmental policy, including the design and implementation of market-based approaches to environmental protection,” said Stavins. “We speak with accomplished Harvard colleagues, other academics, and practitioners who are working on solving some of the most challenging public problems we face.” Environmental Insights is hosted on [SoundCloud](https://soundcloud.com/environmentalinsights) and is also available on [Amazon Music](https://music.amazon.com/podcasts/cd70f458-c1f4-4f11-bf64-c9e0dc71ee5b), [Apple Podcasts](https://podcasts.apple.com/us/podcast/environmental-insights-conversations-on-policy-practice/id1482761966), [Pocket Casts](https://pca.st/keck3o78), [Podcast Addict](https://www.podcastaddict.com/podcast/3374959), and [Spotify](https://open.spotify.com/show/6WBWmeXTH90a3DoOYpXlhX). **LINK TO PODCAST:** [**https://on.soundcloud.com/4MCZUVMVr1GK3sJiEH**](https://on.soundcloud.com/4MCZUVMVr1GK3sJiEH) See also:- [ 2026 ](/news-year/2026) Share on:- [ Facebook ](#) - [ Twitter ](#) - [ Linkedin ](#)