Trump’s Carbon ‘Endangerment Finding’ Is a Cautionary Tale

David Kemp’s article on the endangerment finding was featured in the Cato Institute’s Regulation Magazine.

For the past two decades, US climate policy has been driven more by legal and administrative maneuvering than by legislative consensus. The result has been regulatory inefficiency, policy whiplash between successive administrations, and little progress toward a durable, politically sustainable approach to managing climate risk.

Despite its prominence in political discourse, climate change has been the focus of relatively little stand-alone legislation. The 2022 Inflation Reduction Act contains the only significant federal climate provision to date, but the majority of its green energy subsidies and tax incentives have since been rolled back (Sidley Austin 2025). Other major economy-wide climate proposals have failed in Congress, and most enacted climate-related measures have been modest provisions embedded within broader infrastructure or energy bills.

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