Reiter Examines Limits of EPA Authority and State Climate Regulation in The Regulatory Review

04.29.2026

Stinson LLP Senior Counsel Harvey Reiter authored an article for The Regulatory Review, "Ending EPA's Endangerment Finding Won't End Climate Change Regulation," analyzing the U.S. Environmental Protection Agency's (EPA) efforts to disclaim authority over greenhouse gas emissions and the potential implications for state-level climate regulation.

In the article, Reiter draws on the U.S. Court of Appeals for the D.C. Circuit's decision in Mozilla Corp. v. FCC to examine the limits of federal preemption when an agency disclaims regulatory authority. He explains that similar to the Federal Communications Commission's attempt to preempt state net neutrality laws after repealing its own rules, the EPA may face challenges in asserting that its withdrawal from greenhouse gas regulation forecloses state action.

Reiter further explores the legal uncertainty surrounding the EPA's proposed reversal of its endangerment finding, which previously established greenhouse gases as a danger to public health under the Clean Air Act. He notes that the U.S. Supreme Court has already recognized greenhouse gases as "air pollutants," and that opponents are likely to argue the agency lacks authority to reverse course on jurisdictional grounds.

Turning to the broader regulatory landscape, Reiter suggests that even if the EPA prevails, state efforts to address climate change are likely to expand. He points to past state responses to federal deregulation, including in the net neutrality context, as an indictor that states will continue to pursue legislative and litigation strategies to regulate greenhouse gas emissions.

Read the full article in The Regulatory Review.