Environmental Protection Agency (EPA) Administrator Lee Zeldin is pledging that the EPA will conduct a public comment process on its plan to reconsider the agency’s greenhouse gas (GHG) endangerment finding. Bracewell partner and former EPA air chief Jeff Holmstead told Inside EPA’s Climate Extra that the agency “will be in a stronger position to defend a revocation of the endangerment finding if they go through a notice and comment,” compared to a scenario in which they skip such a process.
Any EPA effort to revisit its GHG endangerment finding would be fraught with legal risk, Holmstead and fellow Bracewell attorney Brittany Pemberton said during an April 17, 2025, webinar on the topic. “I think they are likely to run into problems under the Loper Bright decision,” Holmstead said, referencing the Supreme Court’s recent ruling constraining agencies’ ability to interpret their statutory authority.
