Clean Air Act (CAA)
The Clean Air Act, Pigouvian Pricing, and Climate Governance
Author
Ross Astoria
Author Bios (long)

Ross Astoria, J.D./Ph.D., is an Associate Professor at the University of Wisconsin, Parkside.

Date
December 2019
Volume
49
Issue
12
Page
11103
Type
Comment(s)
Summary

Two carbon pricing bills were introduced during the 115th Congress. Reps. Carlos Curbelo (R-Fla.) and Brian Fitzpatrick (R-Pa.) introduced the MARKET CHOICE Act during the summer of 2018. Reps. Ted Deutsch (D-Fla.) and Francis Rooney (R-Fla.) introduced the Energy Innovation and Carbon Dividend Act (Energy Innovation Act) in November 2018, and reintroduced it early in the 116th Congress, where it presently has more than 65 cosponsors. By different methods and with different comprehensiveness, both of these bills place a Pigouvian tax on greenhouse gas (GHG) emissions. Among other things, they are notable for attracting Republican cosponsors and amending the Clean Air Act (CAA) to temporarily suspend certain of the U.S. Environmental Protection Agency’s authority over GHGs. This Comment analyzes the legal implications of the CAA amendments found in the Energy Innovation Act, and conducts a comparative evaluation of a selection of CAA programs vis-à-vis Pigouvian pricing.

H.R. 5113
Update Type
Bills Introduced
Committee Name
Committees on Energy and Commerce, Natural Resources, and Science, Space, and Technology
Sponsor Name
Welch
Sponsor Party Affiliation
D-Vt.
Issue
1
Volume
50
Update Issue
34
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H8878

would amend the CAA to reform the renewable fuel program.

S. 2873
Update Type
Bills Introduced
Committee Name
Committee on Environment and Public Works
Sponsor Name
Udall
Sponsor Party Affiliation
D-N.M.
Issue
1
Volume
50
Update Issue
34
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong Rec. S6604

would amend the CAA to reform the renewable fuel program.

S. 2662
Update Type
Bills Introduced
Committee Name
Committee on Environment and Public Works
Sponsor Name
Barrasso
Sponsor Party Affiliation
R-Wyo.
Issue
12
Volume
49
Update Issue
31
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. S5965

would amend §§111, 169, and 171 of the CAA to clarify when a physical change or change in the method of operation of a stationary source constitutes a modification or construction.

H.R. 4690
Update Type
Bills Introduced
Committee Name
Committee on Energy and Commerce
Sponsor Name
Flores
Sponsor Party Affiliation
R-Tex.
Issue
12
Volume
49
Update Issue
30
Update Volume
49
Congress Number
165
Congressional Record Number
165 Cong. Rec. H8197

would amend Title II of the CAA and Title II of the Petroleum Marketing Practices Act with respect to high-octane fuels.

S. 2602
Update Type
Bills Introduced
Committee Name
Committee on Environment and Public Works
Sponsor Name
Burr
Sponsor Party Affiliation
R-N.C.
Issue
12
Volume
49
Update Issue
30
Update Volume
49
Congress Number
165
Congressional Record Number
165 Cong. Rec. S5840

would exclude vehicles to be used solely for competition from certain provisions of the CAA.

H. Con. Res. 65
Update Type
Bills Introduced
Committee Name
Committee on Energy and Commerce
Sponsor Name
DeSaulnier
Sponsor Party Affiliation
D-Cal.
Issue
11
Volume
49
Update Issue
26
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H7835

would support the U.S. clean vehicle emission standards and defend the authority of states under the CAA to protect the people of those states from harmful air pollution.

H.R. 4385
Update Type
Bills Introduced
Committee Name
Committee on Energy and Commerce
Sponsor Name
Davis
Sponsor Party Affiliation
R-Ill.
Issue
11
Volume
49
Update Issue
26
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H7773

would amend §211(o) of the CAA to adjust the renewable fuel obligation to account for the full volume of gasoline and diesel produced by small refineries that are exempt under paragraph (9) of the Act.

S. Res. 316
Update Type
Bills Introduced
Committee Name
Committee on Environment and Public Works
Sponsor Name
Harris
Sponsor Party Affiliation
D-Cal.
Issue
11
Volume
49
Update Issue
26
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. S5577

would support the U.S. clean vehicle emission standards and defend the authority of states under the CAA to protect the people of those states from harmful air pollution.

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