When you don’t have the facts, argue the law: How Trump’s EPA is limiting its own ability to protect public health far into the future
As the Trump administration moves to weaken America’s air pollution rules, it is deploying new legal interpretations that are intended to tie the hands of future administrations for years to come.
In practice, the changes limit the Environmental Protection Agency’s authority under the Clean Air Act. The result allows EPA officials to ignore science, data and the adverse effects their decisions will have on public health and the environment.
But the new interpretations are also designed to apply not just to the rule in which they are first set forth but into the future.
If affirmed by the U.S. Supreme Court in inevitable legal challenges, these interpretations could make it harder for future administrations to restore the public health protections that the Trump administration eliminates. They could also make it difficult to update rules to respond to new information about health risks.
Typically, moves to weaken pollution regulations through novel legal interpretations would have a good chance of being overturned in court. But the EPA’s new interpretations are strategically designed to appeal to the current U.S. Supreme Court’s view of federal agencies’ authority, especially in light of the court’s 2024 ruling in Loper Bright v. Raimondo. In that case, the court overturned what’s known as the Chevron doctrine. A 1984 Supreme Court ruling had established that courts should defer to executive agencies’ legal interpretations of their governing statutes when the text of the law was ambiguous or left gaps. That deference no longer applies.
As a former EPA appointee who helped write and review dozens of regulations........
