Energy Tax Prevention Act
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| Long title | Energy Tax Prevention Act of 2011 |
|---|---|
| Codification | |
| Acts amended | Clean Air Act |
| Legislative history | |
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| United States Supreme Court cases | |
| Massachusetts v. Environmental Protection Agency | |
Energy Tax Prevention Act, also known as H.R. 910, was a 2011 bill in the United States House of Representatives to prohibit the United States Environmental Protection Agency (EPA) from regulating greenhouse gases to address climate change. On April 7, 2011, the bill passed the House by a vote of 255 to 172. The bill died in January 2013 with the ending of the Congressional session.
The House vote on the Energy Tax Prevention Act of 2011 was one of five key votes on climate in the House, and one of ten in Congress, from the period 2003 through 2011, according to the Union of Concerned Scientists and the League of Conservation Voters.[1][2]
In 2003, the United States Environmental Protection Agency (EPA) determined that the EPA lacked authority under the Clean Air Act (CAA) to regulate carbon dioxide and other greenhouse gases to address climate change.[3] Twelve US states as well as US territories, major cities, environmental groups, and others petitioned in federal court to overrule the EPA decision. On April 2, 2007, the Supreme Court of the United States in Massachusetts v. Environmental Protection Agency said the CAA authorized the EPA to regulate greenhouse gases as air pollutants. In December, 2009 the EPA issued its "Endangerment Finding," which found that greenhouse gases threaten health and welfare.[4] In January, 2011 the EPA implemented permitting for sources of greenhouse gases.
On February 9, 2011, in a hearing before the United States House Committee on Energy and Commerce Republican Congressmen said the science underpinning the EPA's regulatory effort was a hoax, questioned the EPA's interpretation of Massachusetts v. Environmental Protection Agency, and said the Obama administration would cost American jobs. EPA Administrator Lisa P. Jackson said cleaning up the environment would improve health and create jobs.[5]
Proposed changes
If passed, this bill would have amended several core components of the Clean Air Act (CAA). Title III of the CAA would have been amended to have the term “greenhouse gas” include: water vapor, carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbons and any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change.[6]
The Act said that the Administrator of the EPA may take no action involving the consideration of greenhouse gases as pollutants or contributing factors to climate change. It also said that “[nothing] shall cause a greenhouse gas to be subject to part C of title I …or considered an air pollutant for purposes of title V...”[6] This means that, as greenhouse gases would no longer be considered to degrade the quality of air, sources would not be required to obtain a permit to emit. These permits require sources of pollution to complete a registration process in order to lawfully be able to emit anything considered to be a pollutant. Going along with this, it would no longer be required to report emissions of greenhouse gases."[6] The Act also listed a number of prior agency actions that would have been "...repealed and shall have no legal effect."[6] Essentially this Act would have reversed the decision rendered by the Supreme Court of the United States in Massachusetts v. Environmental Protection Agency, which gave the EPA the power to regulate carbon dioxide.