Previous legislation
Sweeping changes could have big implications for coal's future
Attorneys general letter to EPA
In February South Carolina Attorney General Alan Wilson sent a letter to all attorneys general in the United States asking for commitment to oppose the EPA's proposed "Endangerment Finding" issued in 2009.
We need to tell Congress to stop the Environmental Protection Agency (EPA) from using the Clean Air Act to regulate greenhouse gas emissions. Given its design and focus on the local and regional levels, the Clean Air Act is ill-suited to address greenhouse gas emissions, including carbon dioxide.
Yet without an energy or climate bill, the EPA is taking steps to use the law to impose regulatory rules on stationary sources, like power plants and industrial facilities. Depending on the statutory threshold, these rulings could potentially affect thousands of sources.
One of the law’s principal authors, Rep. John Dingell (D-MI) has said using the Clean Air Act to regulate greenhouse gas emissions would result in a “glorious mess.” Why? Because it could effectively make new facilities impossible to build, existing facilities difficult to maintain, and will raise our electricity rates, jeopardizing thousands of jobs. It would be like using a hammer to tighten a screw; it may be possible to do, but it’s not the right tool for the job. Similarly, the Clean Air Act is not the right tool for addressing climate change.
Several members of the House and Senate have introduced proposals to limit the use of the Clean Air Act to regulate greenhouse gas emissions or delay any regulations. A delay would allow Congress time to develop comprehensive energy and climate change legislation.
It’s NOT in our nation’s best interest to allow the EPA to decide how greenhouse gas emissions should be regulated using an inappropriate law. Legislation is more appropriate than regulation.
Sen. John Barrasso (R-WY) with 19 Senate co-sponsors introduced S. 228, Defending America's Affordable Energy and Jobs Act. This bill would prohibit any federal agency from regulating greenhouse gases for the purpose of controlling climate effects unless it determines such regulation is necessary to protect the public health from imminent and substantial harm caused by direct human exposure to the relevant greenhouse gas.
Sen. John Rockefeller (D-WV) with six Senate co-sponsors introduced S. 231, EPA Stationary Source Regulations Suspension Act. This bill suspends EPA’s authority to regulate carbon dioxide or methane stationary source emissions under the Clean Air Act for two years.
Sen. James Inhofe (R-OK) with 43 Senate co-sponsors introduced S. 482, Energy Tax Prevention Act of 2011. Rep. Fred Upton (R-MI) with 71 House co-sponsors introduced H.R. 910, the House version of the Energy Tax Prevention Act of 2011. This bill permanently prohibits the EPA from taking any action relating to greenhouse gas emissions, including water vapor, carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, and perfluorocarbons due to concerns regarding climate change.
Rep. Marsha Blackburn (R-TN) with 125 House co-sponsors introduced H.R. 97, Free Industry Act. The bill amends the definition of “air pollutant” in the Clean Air Act to exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride and prohibits EPA from using the Clean Air Act to regulate climate change.
Rep. Ted Poe (R-TX) with 58 House co-sponsors introduced H.R. 153, Ensuring Affordable Energy Act. This bill prohibits the EPA from implementing a cap-and-trade program or using a Clean Air Act to regulate stationary source greenhouse gas emissions.
Rep. Shelley Moore Capito (R-WV) with five House co-sponsors introduced H.R. 199, Protect America’s Energy and Manufacturing Jobs Act of 2011. This bill suspends EPA’s authority to regulate carbon dioxide or methane stationary source emissions under the Clean Air Act for two years.
