Climate Legislation Tracker—Blocking E.P.A. Climate Change Regulations

House of Representatives —Blocking E.P.A. Climate Change Regulations

H.R.1023 – No More Excuses Energy Act of 2011 – Specifies that the term “air pollutant” in Section 302(g) of the Clean Air Act (“CAA”) does not include “carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.’’  It also states that nothing in the CAA shall be interpreted as “authorizing or requiring the regulation of climate change or global warming.”  In addition, this bill includes, among other things, tax benefits for both conventional and clean energy technologies and a requirement to authorize new oil and gas development projects on the coastal plain of Alaska. [H.R. 1023]

• On March 10, 2011, this bill was introduced in the House.
• On March 10, 2011, this bill was referred to the Committee on Natural Resources.
• On March 10, 2011, this bill was referred to the Committee on Ways and Means.
• On March 10, 2011, this bill was referred to the Committee on Energy and Commerce.
• On March 14, 2011, this bill was referred to the Subcommittee on Energy and Power.
• On March 15, 2011, this bill was referred to the Subcommittee on Energy and Mineral Resources.

H.R.910 – *Energy Tax Prevention Act of 2011 – Prohibits the EPA from promulgating any regulation or taking any action related to (or that takes into consideration) the emission of a greenhouse gas to address climate change.  A greenhouse gas is defined in this bill as water vapor, carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbons or “any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change.”  This bill indicates that the term “air pollutant” in Section 302(g) of the CAA does not include a greenhouse gas.  However, any such definition may include a greenhouse gas for the purpose of addressing concerns other than climate change.  In addition, this bill states that (1) certain prior EPA rules and actions intended to regulate greenhouse gases emission are, as result of this bill, repealed and shall have no legal effect; and (2) provisions of state implementation plans that designate greenhouse gases as pollutants or require limitations on their emissions shall not be federally enforceable and shall be deemed removed from such plans.  H.R. 910]

• On March 3, 2011, this bill was introduced in the House.
• On March 3, 2011, this bill was referred to the Committee on Energy and Commerce.
• On March 15, 2011, this bill was considered by the Committee on Energy and Commerce in a markup session and was ordered to be reported by a vote of 34 to 10.
• On April 6, 2011, this bill was considered in the House.
• On April 7, 2011, this bill passed the House.
• On April 8, 2011, this bill was received in the Senate and referred to the committee on Environment and Public Works.
• On February 9, 2011, the Subcommittee on Energy and Power heard expert testimony from:
  • Hon. Greg Abbott, Attorney General, State of Texas, on litigation the State of Texas filed against the EPA
  • Mr. Harry C. Alford, President & CEO, National Black Chamber of Commerce, on the draft of the Energy Tax Prevention Act of 2011
  • Ms. Betsy Blaisdell, Senior Manager, Timberland Company, on the interests of Business for Innovative Climate and Energy Policy (BICEP)
  • Mr. Lonnie N. Carter, President & CEO, Santee Cooper, on behalf of Santee Cooper, the South Carolina Public Service Authority
  • Mr. Steve Cousins, Vice President, Lion Oil Company, on behalf of the Lion Oil Company’s approval of the Energy Tax Prevention Act of 2011
  • Mr. Peter S. Glaser, Partner, Troutman Sanders LLP, on the inability of the Clean Air Act to regulate GHGs
  • Dr. Lynn Goldman, M.D., American Public Health Association, in support of GHG regulation
  • Mr. Fred T. Harnack, General Manager, Environmental Affairs, U.S. Steel Corporation, on behalf of the U.S. Steel Corporation
  • Hon. James Inhofe, United States Senator, State of Oklahoma, in support of the Energy Tax Prevention At of 2011
  • Ms. Lisa Jackson, Administrator, Environmental Protection Agency, in opposition of Chairman Urton’s draft bill to eliminate portions of the Clean Air Act
  • Mr. Philip Nelson, President, Illinois Farm Bureau, on behalf of The American Farm Bureau Federation in support of the Energy Tax Prevention Act of 2011
  • Mr. James Pearce, Director of Manufacturing, FMC Corporation, on behalf of FMC Corporation
  • Mr. Steven Rowlan, General Manager, Environmental Affairs for Nucor Corporation, on opposition to GHG regulation
  • Dr. Margo Thorning, Senior Vice President and Chief Economist, American Council for Capital Formation, on the impact of EPA regulation of GHGs under the Clean Air Act on U.S. investment and job growth
  • For more information

H.R.750 – Defending America’s Affordable Energy and Jobs Act – Prohibits the President or the head of  a Federal agency from (1) promulgating a regulation and/or enforcing or implementing any law whose aim, at least in part, is to control the emission of a greenhouse gas (which is defined in this bill as carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbon, nitrogen trifluoride or “any other substance subject to regulation, action, or consideration due to the contribution of the substance to climate change.”); (2) taking an action related to the climate effects of emissions of a greenhouse gas; or (3) considering climate effects in the implementation or enforcement of any law or regulation or condition any denial or approval based on climate effects.  However, this bill contains an exception from the foregoing for “protect[ing] the public health from imminent and substantial harm.”  In addition, this bill states that (1) certain prior EPA rules intended to regulate atmospheric concentrations of greenhouse gases shall, as result of this bill, have no force or effect; and (2) provisions of State implementation plans that designate greenhouse gases as pollutants or require limitations on their emissions shall not be federally enforceable and shall be deemed removed from such plan.  This bill also preempt any legal claim that may be brought or maintained based upon any potential or actual contribution of a greenhouse gas to climate change or any effect of atmospheric concentrations of a greenhouse gas. [H.R. 750]

• On February 16, 2011, this bill was introduced in the House.
• On February 16, 2011, this bill was referred to the Committee on Energy and Commerce.
• On February 28, 2011, this bill was referred to the Subcommittee on Energy and Power.

H.R.279 – Prohibits any Federal agency or official, in carrying out any action to reduce the effects of greenhouse gas emissions on climate change, from imposing a fee or tax on gaseous emissions emitted directly by livestock. [H.R. 279]

• On January 12, 2011, this bill was introduced in the House.
• On January 12, 2011, this bill was referred to the Committee on Energy and Commerce. On January 12, 2011, this bill was referred to the Committee on Ways and Means.
• On February 1, 2011, this bill was referred to the Subcommittee on Energy and Power.

H.R.199 – Protect America’s Energy and Manufacturing Jobs Act of 2011 – Institutes a 2 year moratorium on EPA taking any action under the CAA with “respect to any stationary source permitting requirement” under Section 111 of the CAA that relates to carbon dioxide or methane.  In addition, this bill states that any action taken by the EPA prior to the expiration of the moratorium, including actions taken prior to enactment, shall be considered to “make carbon dioxide or methane a pollutant subject to regulation” under the CAA other than from new motor vehicles or new motor vehicle engines, as described in Section 202(a) of the CAA. [H.R. 199]

• On January 6, 2011, this bill was introduced in the House.
• On January 6, 2011, this bill was referred to the Committee on Energy and Commerce.
• On February 1, 2011, this bill was referred to the Subcommittee on Energy and Power.

H.R.97 – Free Industry Act – Prevents the EPA from regulating greenhouse gases under the CAA.  In addition, it specifies that the term “air pollutant” in Section 302(g) of the CAA does not include “carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.” [H.R. 97]

• On January 5, 2011, this bill was introduced in the House.
• On January 5, 2011, this bill was referred to the Committee on Energy and Commerce.
• On February 1, 2011, this bill was referred to the Subcommittee on Energy and Power.

Senate – Blocking EPA Climate Change Regulations

S.482 – *Energy Tax Prevention Act of 2011 – Prohibits the EPA from promulgating any regulation or taking any action related to (or that takes into consideration) the emission of a greenhouse gas to address climate change.  A greenhouse gas is defined in this bill as water vapor, carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbons or “any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change.”  This bill indicates that the term “air pollutant” in Section 302(g) of the CAA does not include a greenhouse gas.  However, any such definition may include a greenhouse gas for the purpose of addressing concerns other than climate change.  In addition, this bill states that (1) certain prior EPA rules and actions intended to regulate greenhouse gases emission are, as result of this bill, repealed and shall have no legal effect; and (2) provisions of State implementation plans that designate greenhouse gases as pollutants or require limitations on their emissions shall not be federally enforceable and shall be deemed removed from such plans. [S.482]

• On March 3, 2011, this bill was introduced in the Senate.
• On March 3, 2011, this bill was referred to the Committee on Environment and Public Works.
• April 1, 2011, Committee on Energy and Commerce report on the Energy Tax Prevention Act of 2011

S.228 – Defending America’s Affordable Energy and Jobs Act – Prohibits the President or the head of  a Federal agency from (1) promulgating a regulation and/or enforcing or implementing any law whose aim, at least in part, is to control the emission of a greenhouse gas (which is defined in the bill as carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbon, nitrogen trifluoride or “any other substance subject to regulation, action, or consideration due to the contribution of the substance to climate change.”); (2) taking an action related to the climate effects of emissions of a greenhouse gas; or (3) considering climate effects in the implementation or enforcement of any law or regulation or condition any denial or approval based on climate effects.  However, this bill contains an exception from the foregoing for “protect[ing] the public health from imminent and substantial harm”.  In addition, this bill states that (1) prior EPA rules intended to regulate atmospheric concentrations of greenhouse gases shall, as result of this bill, have no force or effect; and (2) State implementation plans that designate greenhouse gases as pollutants or require limitations on their emissions shall not be federally shall not be federally enforceable and shall be deemed removed from such plan.  This bill also preempt any legal claim that may be brought or maintained based upon any potential or actual contribution of a greenhouse gas to climate change or any effect of atmospheric concentrations of a greenhouse gas. [S.228]

• On January 31, 2011, this bill was introduced in the Senate.
• On January 31, 2011, this bill was referred to the Committee on Environment and Public Works.

S.231 – EPA Stationary Source Regulations Suspension Act – Institutes a 2 year moratorium on EPA taking any action under the CAA with “respect to any stationary source permitting requirement” under Section 111 of the CAA that relates to carbon dioxide or methane.  In addition, this bill states that any action taken by the EPA prior to the expiration of the moratorium, including actions taken prior to enactment, shall be considered to “make carbon dioxide or methane a pollutant subject to regulation” under the CAA other than from new motor vehicles or new motor vehicle engines, as described in Section 202(a) of the CAA.  This bill explicitly does not preclude the EPA from taking an action under Part A of Title II of the CAA relating to vehicle emissions standards. [S.231]

• On January 31, 2011, this bill was introduced in the Senate.
• On January 31, 2011, this bill was referred to the Committee on Environment and Public Works.

S.15 – Prohibits EPA or any other federal agency from regulating carbon dioxide emissions until China, India, and Russia require similar reductions in carbon dioxide emissions. [S.15]

• On January 25, 2011, this bill was introduced in the Senate.
• On January 25, 2011, this bill was referred to the Committee on Environment and Public Works.

S.12 – Job Creation Act of 2011 – Includes a provision that prohibits EPA from promulgating or enforcing any regulation for a period of one year from the date of its enactment.  This bill would not apply to any enforcement of a regulation that is necessary for immediate health or safety reasons. [S.12]

• On January 25, 2011, this bill was introduced in the Senate.
• On January 25, 2011, this bill was referred to the Committee on Finance.