The Clean Air Act, Pigouvian Pricing, and Climate Governance
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
would amend the CAA to reform the renewable fuel program.
S. 2873
would amend the CAA to reform the renewable fuel program.
S. 2662
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
would amend Title II of the CAA and Title II of the Petroleum Marketing Practices Act with respect to high-octane fuels.
S. 2602
would exclude vehicles to be used solely for competition from certain provisions of the CAA.
H. Con. Res. 65
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
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
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.