Second Nature has closely tracked the U.S. Environmental Protection Agency’s (EPA) decision to rescind the 2009 Endangerment Finding, the determination that greenhouse gas pollution threatens public health and welfare. This finding has served as a foundational legal basis for federal greenhouse gas standards, particularly for new motor vehicles under the Clean Air Act.
The EPA has stated that the Endangerment Finding is a prerequisite for regulating greenhouse gas emissions from new motor vehicles and engines under Clean Air Act Section 202, and the agency’s proposal would also remove greenhouse gas regulations for light-duty, medium-duty, and heavy-duty on highway vehicles. If finalized, this decision would represent one of the most consequential federal climate rollbacks in decades, with immediate implications for the policy environment that higher education institutions operate within and plan around. Legal challenges are anticipated, which could create a prolonged period of uncertainty for markets and institutions alike.
Second Nature’s Statement: The EPA’s Decision to Rescind the 2009 Endangerment Finding
Higher education will feel the impacts through procurement, operations, capital planning, research, and community engagement. Key effects include:
- More state-driven policy variance across multi-campus systems
Institutions operating across states may face diverging rules and incentives, particularly where states move to maintain or strengthen clean transportation standards while others do not. That increases administrative burden and complicates systemwide climate planning.
- Higher costs and planning volatility for long-term infrastructure design
Investors have warned that reversing the Endangerment Finding could produce regulatory whiplash that raises costs and increases uncertainty for long-term investment decisions. Campuses already making multi-decade commitments on infrastructure, fleet, and resilience projects may see that same volatility in procurement timelines, vendor strategies, and financing conditions.
- Increased pressure on institutions to lead without federal backing
As federal policy becomes less predictable, institutions will face greater expectations from students, faculty, local governments, and communities to sustain climate commitments based on public health, risk management, and institutional mission, not just regulatory compliance.
