While it’s often claimed that Congress has never passed significant climate change legislation, this assertion overlooks the series of laws that have addressed greenhouse gas emissions and climate change over the last five decades. These laws, passed under various presidential administrations—from Nixon to Biden—lay the foundation for U.S. climate policy. Though comprehensive emission limits have yet to be enacted, these laws represent critical steps forward. Importantly, many of these statutes are structured in a way that will be difficult for future administrations, including those with less climate-conscious leadership, to easily repeal.
This article explores the legislative milestones that have shaped U.S. climate policy, particularly focusing on newer laws and regulations. It will highlight the role of laws that directly regulate greenhouse gases, as well as those that target specific pollutants and encourage technological advancements in climate change mitigation.
1. The Clean Air Act of 1970: The Starting Point
The Clean Air Act (CAA) of 1970 was the first significant piece of U.S. legislation to address environmental protection in a way that laid the groundwork for future climate regulations. Section 302(h) of the Act defined public welfare to include impacts on climate, setting a precedent for federal involvement in addressing climate change. Although initial interpretations focused primarily on local climate effects, it is now clear that lawmakers, including Senator Edmund Muskie, were cognizant of the emerging global climate crisis.
The Act was later pivotal in the landmark Massachusetts v. EPA case (2007), where the Supreme Court ruled that the Environmental Protection Agency (EPA) had the authority to regulate greenhouse gases under the Clean Air Act. This decision helped formalize the role of the EPA in tackling climate change, providing a solid legal framework that has shaped subsequent regulations.
2. The Global Climate Protection Act of 1987: A Step Toward International Cooperation
Under President Ronald Reagan, the Global Climate Protection Act of 1987 was signed into law. Though part of a broader State Department bill, this law acknowledged the emerging scientific consensus on climate change and called for the U.S. to take a leading role in global efforts to combat it. The Act urged the President to present a coordinated national policy on global climate change to Congress, a step that later influenced the negotiation and signing of the U.N. Framework Convention on Climate Change (UNFCCC) by President George H.W. Bush in 1992. This international treaty remains a cornerstone of global climate negotiations today.
3. The Global Change Research Act of 1990: Foundation for Climate Assessments
Three years after the Global Climate Protection Act, the Global Change Research Act of 1990 established the U.S. National Climate Assessment, a report that provides comprehensive and authoritative information on climate change impacts and risks within the U.S. This Act also highlighted the role of human activities, such as industrial and agricultural processes, in driving global environmental changes. It underscored the potential consequences of these changes, including rising sea levels and adverse impacts on global agriculture, biodiversity, and human health.
Although some political factions, such as those backing Project 2025, advocate for the repeal of this Act, the likelihood of securing the necessary votes for such an effort remains slim.
4. The National Defense Authorization Act of 2018: Recognizing Climate Change as a Security Threat
In 2017, the Republican-controlled Congress made an important statement regarding climate change through the National Defense Authorization Act (NDAA) of 2018. The law recognized climate change as a “direct threat to the national security” of the United States. This provision was particularly significant because conservative lawmakers initially tried to remove the language, only for a cross-party coalition to prevent its exclusion.
The NDAA has since continued to feature climate change in discussions about military readiness and national security, especially in relation to the vulnerability of military facilities to climate impacts like sea-level rise. While not a standalone climate policy, the NDAA underscores the broader recognition of climate change’s potential impacts across various sectors of society.
5. The Growing Climate Solutions Act of 2021: Bridging Agriculture and Climate Action
The Growing Climate Solutions Act of 2021 sought to support farmers, ranchers, and private landowners in the growing carbon offsets market. The Act authorized the Department of Agriculture to establish a voluntary technical assistance program and a third-party certification system, helping agricultural stakeholders engage in climate mitigation efforts more effectively. By facilitating the inclusion of agricultural sectors in carbon offset programs, the law aimed to incentivize climate-positive practices in farming and forestry.
6. The American Innovation and Manufacturing (AIM) Act of 2023: Tackling Super-Pollutants
One of the most impactful recent pieces of climate legislation is the American Innovation and Manufacturing (AIM) Act, passed in 2023. This Act requires the EPA to reduce the production and consumption of hydrofluorocarbons (HFCs)—highly potent greenhouse gases—by 85% by 2036. HFCs, though short-lived in the atmosphere compared to CO2, have an outsized impact on global warming. The AIM Act aligns U.S. policy with the Kigali Amendment to the Montreal Protocol (a treaty that targets HFCs), a significant international climate-related treaty that the U.S. Senate ratified in 2022. This law is an important step in tackling one of the most harmful but less regulated climate pollutants.
7. The Inflation Reduction Act (IRA) of 2022: A Game-Changer for Clean Energy
The Inflation Reduction Act (IRA), passed in 2022, represents the most comprehensive U.S. climate legislation in recent years. While the Act includes substantial investments in clean energy technologies, its climate-related significance extends beyond funding.
The IRA reinforced the Massachusetts v. EPA ruling by explicitly confirming that the Clean Air Act grants the EPA authority to regulate greenhouse gases. Additionally, it upholds California’s right to impose stricter vehicle emissions standards, which will help reduce carbon pollution from one of the largest sources of U.S. greenhouse gas emissions.
Perhaps the most notable feature of the IRA is the implementation of a methane fee on the oil and gas industry, which aims to reduce methane emissions—an extremely potent greenhouse gas. Although not technically a carbon tax, this fee functions as the closest U.S. policy has come to a carbon pricing mechanism, signaling a potential shift toward more robust climate-related economic policies.
Conclusion
Contrary to popular belief, Congress has passed several important climate laws over the years, and these laws are not as easily reversible as some might think. The legislation passed in recent decades—including the Clean Air Act, the Global Climate Protection Act, the AIM Act, and the IRA—has significantly shaped U.S. climate policy and continues to have a lasting impact on efforts to mitigate climate change. While more work is needed, these legal frameworks form a strong foundation for addressing climate change and show that meaningful legislative action has been taken, despite the challenges that remain.
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