SR85

A Senate Resolution condemning a rule adopted by the United States Environmental Protection Agency that rescinds greenhouse gas endangerment finding and repeals all greenhouse gas emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines.

Whereas, New Jersey communities face the harsh realities of anthropogenic climate change on a daily basis; and

Whereas, New Jersey’s location along the eastern coast of the United States has made the State particularly vulnerable to the negative effects of climate change such as sea-level rise and extreme weather events, which cause more frequent, longer lasting, and more severe coastal storms, inland flooding, drought, forest fires, and heat waves; and

Whereas, These intense environmental effects of climate change detrimentally impact the social, economic, and physical welfare of New Jerseyans throughout the State; and

Whereas, The Department of Environmental Protection found in its Scientific Report on Climate Change that New Jersey is warming faster than the rest of world and this drastic rise in temperature has already caused displacement of residents along the coast and will likely result in increased summer heat-related mortalities and premature deaths caused by respiratory, cardiovascular, pulmonary, and infectious diseases; and

Whereas, Decades of scientific research has demonstrated that greenhouse gas (GHG) emissions are the main driver of human-made climate change as these gases trap heat in the atmosphere; and

Whereas, In New Jersey, as it is for the United States, the transportation sector is the largest emitter of GHGs; and

Whereas, The State has long recognized the need to reduce air pollutants, such as GHG emissions, and the transportation industry’s role as a contributor to these excessive emissions; and

Whereas, With the passage and subsequent amendments to the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.), and the “Global Warming Response Act,” P.L.2007, c.112 (C.26:2C-37 et seq.), the State has strengthened its policies to curb air pollutants and GHG emissions in the transportation sector by providing strict regulatory oversight, instituting emissions reporting requirements, and developing robust electric vehicle incentive programs; and

Whereas, On February 18, 2026, the United States Environmental Protection Agency (EPA) adopted a rule, 91 F.R. 7686, that rescinds the EPA Administrator’s 2009 findings of contribution and endangerment (Endangerment Finding) and repeals all GHG emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines under section 202(a)(1) of the federal “Clean Air Act,” (42 U.S.C. s.7401 et seq.); and

Whereas, The EPA now claims that the Clean Air Act does not authorize the EPA to prescribe emissions standards in response to climate change and that GHG emission standards for motor vehicles and engines do not impact the public health and welfare; and

Whereas, This determination is not supported by any legal basis, is devoid of scientific evidence, and is severely misguided; and

Whereas, The Clean Air Act clearly authorizes the EPA to regulate “any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines” that “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare”; and

Whereas, The Supreme Court affirmed in Massachusetts v. EPA, 549 U.S. 497 (2007), the EPA’s authority to make an Endangerment Finding of GHGs, noting that the Clean Air Act requires the EPA Administrator to use reasoned scientific judgment to determine whether GHGs are anticipated to endanger public health or welfare and whether motor vehicle emissions cause or contribute to that endangerment; and

Whereas, The Endangerment Finding made by the EPA in 2009 was a result of years of thorough, peer-reviewed, scientific assessments on the effects of anthropogenic GHGs, including contributions from motor vehicle emissions, on public health and welfare; and

Whereas, The EPA’s rule to rescind the Endangerment Finding was not based on substantial scientific research, contained flawed analysis of emissions costs, and failed to address any of the harms brought on by climate change; and

Whereas, The EPA recognized in its recent rule adoption that repealing motor vehicle emission standards would have a net societal cost of $260-$350 billion through 2055; and

Whereas, By rescinding the Endangerment Finding and repealing the existing GHG emission vehicle standards, the EPA has taken away one of the most effective tools for reducing GHG emissions, improving air quality, lowering household fuel costs, and spurring innovation in the auto industry; and

Whereas, It is therefore fitting and proper that this House condemn the EPA’s rule adoption of 91 F.R. 7686 for its failure to adhere to its mission and to cause harm to the environment and the people of New Jersey; now, therefore

Be It Resolved by the Senate of the State of New Jersey:

1. This House condemns the federal rule rescinding the United States Environmental Protection Agency Administrator’s 2009 Endangerment Finding for greenhouse gas emissions under the federal “Clean Air Act” and repealing greenhouse gas emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the President of the United States, the Administrator of the Environmental Protection Agency, and the Commissioner of Environmental Protection.

STATEMENT

This resolution condemns the United States Environmental Protection Agency (EPA) rule rescinding the EPA’s 2009 greenhouse gas endangerment finding and repealing greenhouse gas emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines.

New Jersey communities face the harsh realities of anthropogenic climate change on a daily basis. New Jersey’s location along the eastern coast of the United States has made the State particularly vulnerable to the negative effects of climate change such as sea-level rise and extreme weather events, which cause more frequent, longer lasting, and more severe coastal storms, inland flooding, drought, forest fires, and heat waves. The Department of Environmental Protection found in its Scientific Report on Climate Change that New Jersey is warming faster than the rest of world and this drastic rise in temperature has already caused displacement of residents along the coast and will likely result in increased summer heat-related mortalities and premature deaths caused by respiratory, cardiovascular, pulmonary, and infectious diseases.

Decades of scientific research has demonstrated that greenhouse gas emissions are the main driver of human-made climate change as these gases trap heat in the atmosphere. The transportation industry is the largest emitter of greenhouse gas emissions in the United States. New Jersey has long recognized the need to reduce air pollutants, such as greenhouse gas emissions, and the transportation industry’s role as a contributor to these excessive emissions.

On February 18, 2026, the United States Environmental Protection Agency (EPA) adopted a rule, 91 F.R. 7686, that rescinds the EPA Administrator’s 2009 findings of contribution and endangerment (Endangerment Finding) and repeals all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines under section 202(a)(1) of the federal “Clean Air Act,” (42 U.S.C. s.7401 et seq.) This determination is not supported by any legal basis, is devoid of scientific evidence, and is severely misguided. The Clean Air Act clearly authorizes the EPA to regulate “any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines” that “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” The Supreme Court affirmed in Massachusetts v. EPA, 549 U.S. 497 (2007), the EPA’s authority to make an Endangerment Finding of GHGs, noting that the Clean Air Act requires the EPA Administrator to use reasoned scientific judgment to determine whether GHGs are anticipated to endanger public health or welfare and whether motor vehicle emissions cause or contribute to that endangerment.

The Endangerment Finding made by the EPA in 2009 was a result of years of thorough, peer-reviewed, scientific assessments on the effects of anthropogenic greenhouse gases, including contributions from motor vehicle emissions, on public health and welfare. The EPA’s rule to rescind the Endangerment Finding was not based on substantial scientific research, contained flawed analysis of emissions costs, and failed to address any of the harms brought on by climate change. By rescinding the Endangerment Finding and repealing the existing GHG emission vehicle standards, the EPA has taken away one of the most effective tools for reducing GHG emissions, improving air quality, lowering household fuel costs, and spurring innovation in the auto industry. It is therefore fitting and proper that this House condemn the EPA’s rule adoption of 91 F.R. 7686 for its failure to adhere to its mission and to cause harm to the environment and the people of New Jersey.