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What happens if the foundation of U.S. climate regulation is pulled back?
In this episode, Dan Romeo sits down with Houston attorney Marcella Burke—founder of Burke Law Group and former EPA official—to break down the EPA’s 2009 “endangerment finding” and the proposed 2025 repeal.
They discuss how Massachusetts v. EPA (2007) led to CO₂ being regulated under the Clean Air Act, why that decision still drives vehicle standards and permitting today, and what a repeal would realistically mean. From expected legal battles to state pushback and industry reactions, this episode unpacks what’s truly at stake.
00:38 Meet Marcella Burke
02:21 Endangerment Finding 101: Clean Air Act basics
05:17 2025 Re-Evaluation: Reopening the science
07:09 Massachusetts v. EPA (2007)
11:10 Legal vs. policy impact
14:22 The Court Battle Ahead
20:10 Industry Divide & Political Stakes
32:29 Immediate Impact: Vehicle standards & permitting
35:23 State Pushback: California & federal tension
36:49 Suncor v. Boulder County & climate litigation
38:40 The Economic Argument for Rescinding
54:06 Closing Thoughts & What’s Next
By Dan RomitoWhat happens if the foundation of U.S. climate regulation is pulled back?
In this episode, Dan Romeo sits down with Houston attorney Marcella Burke—founder of Burke Law Group and former EPA official—to break down the EPA’s 2009 “endangerment finding” and the proposed 2025 repeal.
They discuss how Massachusetts v. EPA (2007) led to CO₂ being regulated under the Clean Air Act, why that decision still drives vehicle standards and permitting today, and what a repeal would realistically mean. From expected legal battles to state pushback and industry reactions, this episode unpacks what’s truly at stake.
00:38 Meet Marcella Burke
02:21 Endangerment Finding 101: Clean Air Act basics
05:17 2025 Re-Evaluation: Reopening the science
07:09 Massachusetts v. EPA (2007)
11:10 Legal vs. policy impact
14:22 The Court Battle Ahead
20:10 Industry Divide & Political Stakes
32:29 Immediate Impact: Vehicle standards & permitting
35:23 State Pushback: California & federal tension
36:49 Suncor v. Boulder County & climate litigation
38:40 The Economic Argument for Rescinding
54:06 Closing Thoughts & What’s Next