The Self-Inflicted Legal Wound
The Trump administration's EPA just handed Vermont an unexpected gift in court: by repealing the endangerment finding — the scientific determination that gave federal regulators authority over greenhouse gases — Trump's Justice Department undermined its own lawsuit against Vermont's first-in-the-nation climate superfund law. The DoJ had argued that federal law, not state law, should govern emissions. Now environmental groups are pointing to the EPA's repeal and asking: what federal law?
Vermont's 2024 law requires major fossil fuel companies to pay for climate damages their past pollution caused. Trump's Justice Department wants it killed, claiming federal preemption. But the endangerment finding, established under the Clean Air Act, was the legal foundation for that federal authority. "By rolling back a bedrock climate legal determination, the Trump administration has undercut its attacks," green groups argued in court filings. New York faces similar attacks on its climate accountability measures.
The Bayer-Roundup Play
Meanwhile, internal EPA records reveal Administrator [name from source] met with Bayer CEO Bill Anderson on June 17 to discuss "supreme court action" over glyphosate litigation — months before Trump issued an executive order protecting Roundup from regulatory scrutiny. The order, which also shielded white phosphorus munitions, cited national security. Bayer faces tens of thousands of lawsuits from people alleging its glyphosate-based herbicides caused cancer. The company is trying to quash the litigation at the Supreme Court. The timing raises questions: was the administration coordinating legal strategy with the company it's now protecting?
The executive order marks an unusual move — using national security justifications to shield a commercial herbicide from the courts. White phosphorus, the controversial munition also protected, is highly flammable and has drawn criticism for use in conflict zones. The pairing suggests a broader strategy to use executive power to settle corporate legal battles.
What the Rollbacks Actually Mean
The EPA's actions extend beyond court strategy. The agency is weakening protections on PFAS "forever chemicals" despite rhetoric about making America healthy. A federal nature assessment, killed by Trump, was released independently this week — the draft is "grim but shot through with bright spots," showing U.S. ecosystems under severe stress. And Trump sued California over its Advanced Clean Cars II regulations, which aim to eliminate new gas-powered vehicles by 2035.
Then there's the Yosemite ranger fired over displaying a trans flag. Shannon "SJ" Joslin told The Hill their termination is "part of a broader Trump administration campaign against the transgender community and the federal workforce." Joslin added: Trump is "scaring us into silence."
The Permitting Wildcard
Not everything is stalled. Top permitting-reform senators from both parties are meeting again, according to the American Petroleum Institute chief. Speeding up federal permitting is a rare point of bipartisan interest — energy and tech industries both want it. But while talks thaw on infrastructure, utilities are lobbying state lawmakers to delay bills allowing plug-and-play solar panels. Around the U.S., utilities are convincing legislators to block laws that would let homeowners buy panels, plug them into outlets, and start generating power without utility involvement.
The Vermont climate superfund case could set precedent for how states regulate emissions in a federal vacuum. If Trump's EPA has no authority to control greenhouse gases, do states have free rein? The administration's legal strategy may have just opened that door.