Condemns EPA rule rescinding greenhouse gas endangerment finding and repealing greenhouse gas emission standards for light-duty, medium-duty, and heavy-duty vehicles.

SR85

SENATE RESOLUTION No. 85

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Senator� BOB SMITH

District 17 (Middlesex and Somerset)

Senator� JOHN F. MCKEON

District 27 (Essex and Passaic)

Co-Sponsored by:

Senators Greenstein and Ruiz

SYNOPSIS

���� Condemns EPA rule rescinding greenhouse gas
endangerment finding and repealing greenhouse gas emission standards for
light-duty, medium-duty, and heavy-duty vehicles.

CURRENT VERSION OF TEXT

���� As introduced.

��

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.