Federal government activity on climate change

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Environmental terms

Climate change can refer to significant or large-scale changes in temperature, precipitation, wind patterns, or other weather-related events that can occur over a long period of time, including decades, centuries, and millennia. Human-caused climate change is the theory that human-induced increases in carbon dioxide emissions and other greenhouse gases (heat-trapping gases) in the atmosphere can lead to global warming and subsequent changes in the climate. Various proposed policies to address potentially human-caused climate change include limits on carbon dioxide emissions from oil, coal, and natural gas and policies to support the production of renewable energy, such as wind and solar energy.

The following article includes background information on the concepts referenced in climate change policy discussions and summaries of federal and state government policies related to the issue. For an article on the relationship between greenhouse gases and climate change, click here.

Background

Climate is a combination of normally prevailing weather conditions averaged over decades, centuries, or longer periods of time. These conditions include air pressure, atmospheric conditions, humidity, temperature, precipitation, cloudiness, fog, frost, sunshine, winds, and more. By contrast, weather is a combination of the same conditions in an area or region over shorter periods of time, such as days, weeks, or months. The earth's climate system is affected by several factors, including the atmosphere; volcanic eruptions; snow; ice; oceans and other bodies of water; land surface; biological organisms, including human beings, wildlife, and vegetation; changes in Earth's orbit; and solar activity.

Climate change can refer to significant or large-scale changes in land surface and ocean temperature, precipitation, storm and wind patterns, or other weather-related events that can occur over a long period of time, including decades, centuries, and millennia. In the public debate, the term climate change may be used interchangeably with the theory that human activity since the Industrial Revolution contributes to and/or is responsible for global warming and subsequent changes in the climate. This theory states that global warming will occur when concentrations of greenhouse gases (heat-trapping gases) such as carbon dioxide, water vapor, and methane rise and thus keep more heat in the atmosphere than can escape into space and/or be absorbed on Earth. More heat in the atmosphere, less absorption of greenhouse gases on Earth, and solar and volcanic activity may contribute to an increase in global average surface temperatures.

Global warming refers to a gradual increase in global surface temperatures and the temperature of the Earth's atmosphere. Global warming is associated with the greenhouse effect that is produced when the Earth's surface and atmosphere absorb solar energy and reradiates the energy back into space. A portion of the absorbed energy is emitted by land and oceans, absorbed by the Earth's atmosphere, and reradiated back to the Earth. The greenhouse effect is one of several climate forcings, which are the major drivers of Earth's climate, alongside solar activity, volcanic eruptions, and aerosols.

The image below shows how greenhouse gases produce the greenhouse effect.

Illustration of the greenhouse effect (Source: Intergovernmental Panel on Climate Change)

Climate feedbacks

The greenhouse effect caused by greenhouse gases is known as a climate forcing; climate forcings are the major influencers of Earth's climate. Along with greenhouse gas concentrations, climate forcings include changes in the sun's energy output, volcanic eruptions, and the presence of aerosols (small airborne particles from human-made and natural sources). Climate scientists study the impact of greenhouse gases on global temperature compared to other factors and thus their contribution to global warming (defined as a rise in global average temperature) over time, as greenhouse gas concentrations and global temperatures have fluctuated over periods of hundreds, thousands, and millions of years.

In addition, scientists observe other factors that may influence the greenhouse effect and other climate forcings. These factors are feedbacks, which are processes that can either accelerate or reduce the warming effects of climate forcings like the greenhouse effect. A positive feedback can increase warming, while a negative feedback can reduce warming. The following positive and negative feedbacks can affect the impacts of the greenhouse effect on warming.

• Clouds: Clouds reflect back into space approximately one-third of all sunlight that hits the Earth's atmosphere. Increased cloudiness caused by more water in the atmosphere can limit the amount of sunlight from hitting the Earth's surface, resulting in less absorbed heat and less warming.
• Precipitation: A warmer atmosphere that holds more water can increase precipitation, though not in all regions. Changes in precipitation patterns can result in more water available for plants, which remove carbon dioxide (a greenhouse gas, also known as CO₂) from the atmosphere. Increased plant growth could result in more CO₂ absorption from the atmosphere and thus less warming.
• Forested areas: As negative feedbacks, forests, trees, and other plants remove CO₂ from the atmosphere and thus can reduce warming that may be the result of increased CO₂ in the atmosphere. However, forests and plants may also be cut down so that land is cleared for agriculture or other uses, which results in less CO₂ absorption.
• Ice: Compared to ocean surfaces, which are dark and absorb heat more quickly, ice is white and thus quickly and more easily reflects sunlight. More ice and glaciers result in greater heat reflection and thus less warming. However, greater sea ice and glacier melting reduces this reflection and allows the ocean to absorb more heat and accelerate warming. This process is known as the ice albedo feedback.

Policy history (1992-2009)

In 1992, the United States under President George H.W. Bush (R) participated in the United Nations Framework Convention on Climate Change (UNFCCC) to discuss stabilizing carbon dioxide and other greenhouse gas concentrations. The framework included a legally non-binding and voluntary pledge by industrialized countries to reduce their greenhouse gas emissions to 1990 levels by the year 2000. All countries within the framework would also voluntarily measure and report emissions levels to the UNFCCC Secretariat. The U.S. Senate ratified the UNFCCC in October 1992.

Beginning in 1995, parties to the UNFCCC began negotiating a treaty to establish legally binding reductions in greenhouse gas emissions for 38 nations, which included industrialized nations such as the United States and countries within the European Union. The negotiations led to the Kyoto Protocol, which required the 38 nations to reduce their aggregate greenhouse gas emissions by 5 percent from 1990 levels averaged over the years 2008-2012. In addition, each country would receive an individually negotiated emissions target. The United States under President Bill Clinton (D) signed the protocol in 1998, but it was not approved by the U.S. Senate.

In March 2001, President George W. Bush (R) said that the United States would pull out of the Kyoto Protocol and future negotiations. In lieu of Kyoto, Bush announced in February 2002 that the United States would reduce its net greenhouse gas intensity (defined as the ratio of emissions to economic output) by 18 percent between 2002-2012. In 2007, the Bush administration proposed a $3 billion fund to stimulate international funding for renewable energy production and climate change adaptation projects, though the fund was not approved. In 2008, the administration announced a national goal to stop the increase to U.S. greenhouse gas emissions by the year 2025. The plan would have included market-based incentives for individuals and businesses to produce renewable energy production, though it did not become law.

Legislative activity (2000-2017)

Congress considered various bills related to global warming and climate change from 2000 to 2017, including the following:

The U.S. Capitol building

• The Senate rejected the Climate Stewardship Act in October 2003 and in June 2005. The act would have capped carbon dioxide and greenhouse gas emissions at 2000 levels, exempted agricultural and residential areas from emissions caps, and established a scholarship at the National Academy of Sciences for the study of climatology. The measure was introduced by Sens. Joe Lieberman (D) and John McCain (R). The bill was defeated by a vote of 55 to 43 in 2003.

• In 2005, the Climate Stewardship Act was reintroduced as the Climate Stewardship and Innovation Act, which would have established a carbon dioxide emissions trading system for specific industries and other groups. The Senate rejected the bill by a vote of 60 to 38. Senate Republicans voting against the bill by a margin of 49 to six while Senate Democrats voted for the bill by a margin of 37 to 10.

• In 2007, the Global Warming Pollution Reduction Act was introduced by Sens. Barbara Boxer (D) and Bernie Sanders (I). The bill would require a system beginning in the year 2010 to cap greenhouse gas emissions from power plant and automobiles and trade any excess emissions to select industries. In addition, the bill would require the United States to reduce its greenhouse gas emissions by 15 percent by the year 2020 and 83 percent by the year 2050 and would also require that gasoline be made with renewable fuels beginning in the year 2016. The bill was referred to the U.S. Senate Committee on Environment and Public Works but never received a full vote in the Senate during the 110th Congress, which was under Democratic control.

• In 2009, the U.S. House passed a bill to establish a federal, economy-wide system to cap greenhouse gas emissions and trade any excess emissions to other regulated entities. The American Clean Energy and Security Act (known as the Waxman-Markey bill), passed by a vote of 219 to 212. The Waxman-Markey bill was not taken up in the United States Senate during the 111th Congress, though Congress was then under Democratic control.

• Following Republican gains in the 2010 congressional elections, the U.S. House voted to block the U.S. Environmental Protection Agency (EPA) under the Obama administration from taking regulatory action related to greenhouse gas emissions. The Energy Tax Prevention Act of 2011, sponsored by Rep. Fred Upton (R), passed the House by a vote of 255-172 but did not receive a vote in the U.S. Senate, which was held by Democrats during the 112th Congress. If enacted, the bill would have amended the federal Clean Air Act to prohibit the EPA from issuing any finding declaring that carbon dioxide and greenhouse gases are air pollutants subject to regulation under the act.

• In November and December 2015, Congress voted to repeal the Obama administration's Clean Power Plan mandating reductions in greenhouse gas emissions at new and existing power plants. In November 2015, the Senate approved a resolution by a vote of 52 to 46 to repeal the plan's provision mandating CO₂ reductions at existing power plants. A second resolution to repeal CO₂ reductions for newly built power plants passed by the same vote margin. The Senate held its vote under the Congressional Review Act, which allows Congress to repeal newly published federal regulations within 60 days of their finalization. In December 2015, the U.S. House of Representatives passed a resolution repealing the Clean Power Plan's provision mandating CO₂ reductions from existing power plants by a vote of 242 to 180. In addition, the House passed a resolution repealing CO₂ reductions for newly built power plants by a vote of 235 to 188. Both resolutions were vetoed by President Obama.

• In November 2015, Sens. Bernie Sanders (I) and Sen. Jeff Merkley (D) introduced legislation to prevent new leases and all non-productive leases for coal, oil, and natural gas production on federal land for the purpose of limiting emissions from fossil fuels. Known as the Keep It In The Ground Act, the bill would also prohibit offshore drilling in the Atlantic and Arctic oceans. The bill was co-sponsored by Sens. Barbara Boxer (D), Ben Cardin (D), Kirsten Gillibrand (D), Patrick Leahy (D), and Elizabeth Warren (D). It did not receive a vote in the 114th Congress, which was under Republican control.

Executive branch policies

Biden administration

• On January 20, 2021, President Joe Biden (D) signed an executive order to rejoin the Paris climate agreement.

Trump administration

For information about actions taken by the Trump administration regarding climate change policy, see the articles below:

• Federal policy on climate change, 2017
• Federal policy on the Paris Climate Agreement, 2017

Obama administration

• In 2009, the U.S. Environmental Protection Agency (EPA) took steps to regulate carbon dioxide emissions and other greenhouse gases under the Clean Air Act. The EPA issued findings in 2009 and 2010 claiming that carbon dioxide (CO₂) and other greenhouse gas emissions may contribute to human-caused climate change and as a result may endanger public health and welfare. The EPA further argued that its determination that carbon dioxide contributes to human-caused climate change established its authority to regulate CO₂ and other greenhouse gases from automobiles and power plants.

• In April 2010, as part of its authority to set automobile standards under the Clean Air Act, the EPA required all 2012-2016 model year, light-duty vehicles, which includes most common cars, to meet carbon dioxide and similar greenhouse gas emissions standards. In May 2010, the EPA required new heavy-duty vehicles such as trucks and vans to meet emissions and fuel efficiency standards. In 2012, the EPA required all 2017-2025 model year cars to meet emissions and fuel efficiency standards.

• The Clean Power Plan was finalized by the Environmental Protection Agency (EPA) in October 2015. It would mandate reductions in carbon dioxide (CO₂) emissions from new and existing fossil fuel-fired electric steam-generating units (which include coal, oil, and natural gas-fired power plants) and stationary combustion turbines (which include natural-gas-combined-cycle units) by 32 percent from 2005 levels by the year 2030. The plan would require mandatory state-specific CO₂ reductions based on the CO₂ emission rate of each state's inventory of affected sources of electricity generation. As of March 2017, utilities, coal mining companies, and 27 states sued the federal government over the plan. As of March 2017, 18 states, over 50 municipalities, and several environmental groups filed briefs siding with the EPA in the litigation. In February 2016, the U.S. Supreme Court temporarily halted the rule's implementation pending federal litigation related to the plan's legality.
• In April 2016, the United States under President Barack Obama (D) signed a 31-page international agreement, commonly known as the Paris Climate Agreement, at the United Nations. Signatory countries agreed to reduce carbon dioxide emissions and other greenhouse gases, which are heat-trapping gases that help warm the planet for human habitation and that some scientists have hypothesized contribute to human-caused global warming if their concentrations in the atmosphere increase. Signatory countries agreed to a long-term goal of keeping an increase in average global temperatures to below 2 degrees Celsius (3.7 degrees Fahrenheit) above pre-industrial levels by the year 2100. Signatory countries also agreed to pursue policies aimed at keeping any temperature increase at or below 1.5 degrees Celsius (2.7 degrees Fahrenheit) by the year 2100. Under the agreement, each nation has an emissions target, though the target is not legally binding. Developed countries like the United States are also required to finance climate change mitigation efforts and emissions reduction programs for developing countries primarily through the United Nations' Green Climate Fund, which has a goal of providing $100 billion each year to developing countries for climate change purposes by 2020.

Judicial decisions

Massachusetts v. EPA

See also: Massachusetts v. Environmental Protection Agency

The U.S. Supreme Court.

Massachusetts v. Environmental Protection Agency is a 2007 United States Supreme Court ruling that found that carbon dioxide and greenhouse gases are air pollutants under the Clean Air Act and can be regulated by the Environmental Protection Agency (EPA). In a 5-4 ruling, the court argued that the EPA must regulate carbon dioxide (CO₂) emissions from motor vehicles if they are found to be endangering public health and welfare. The decision required the EPA to regulate CO₂ emissions if they are found to endanger public health and welfare. In addition, the EPA was required to conclude that CO₂ emissions do not endanger public health and welfare if the agency decided against regulating CO₂. In 2009, the EPA issued a finding arguing that carbon dioxide emissions contribute to human-caused climate change and thus should be regulated under the Clean Air Act.

By a vote of 5-4, the U.S. Supreme Court ruled in favor of Massachusetts and against the EPA. Justice John Paul Stevens wrote the majority opinion. First, the court argued that Massachusetts and the environmental advocacy groups had standing to challenge the EPA in court. Second, the court wrote that the EPA had legal authority under the Clean Air Act to regulate carbon dioxide emissions. Third, the EPA argued that if it had legal authority to regulate carbon dioxide and other greenhouse gases under the Clean Air Act, the decision would conflict with the George W. Bush administration's preferred policies to address human-caused climate change issues. The court rejected the EPA's argument that the agency has the discretion to delay regulatory action on carbon dioxide based on its policy priorities.

Chief Justice John Roberts wrote a dissenting opinion. He was joined by Justices Clarence Thomas, Samuel Alito and Antonin Scalia (who wrote a separate dissent). Roberts argued that he would not grant standing to Massachusetts and the other petitioners because the harm facing the petitioners through the EPA's decision against regulating carbon dioxide—such as the potentially rising sea levels and the loss of Massachusetts' coastal land—was not concrete enough to warrant the lawsuit. Roberts also argued that "the connection is far too speculative to establish causation" between the EPA's decision not to regulate carbon dioxide and concrete harm to Massachusetts from human-caused global warming.

Justice Antonin Scalia wrote a separate dissenting opinion. Like Roberts, Scalia wrote that he would deny legal standing to Massachusetts and the other petitioners. Regarding the issue of the EPA's discretion in not regulating carbon dioxide, Scalia argued that the Clean Air Act does not say anything specific about what reasons the EPA may or may not use not to regulate a physical or chemical substance. In addition, Scalia argued that he would have allowed the EPA to defer any decision on carbon dioxide emissions.

State policy

• As of April 2017, five states mandated statewide reductions in greenhouse gas emissions: California, Connecticut, Hawaii, Massachusetts, and New Jersey.

• As of April 2017, seven states enacted non-binding state goals to reduce greenhouse gas emissions: Arizona, Arkansas, Colorado, Illinois, New York, New Mexico, and Oregon.

• As of April 2017, eleven states imposed mandatory emissions standards for automobiles: California, Connecticut, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, and Vermont.

Click here to read more about state government action on climate change.

Recent news

The link below is to the most recent stories in a Google news search for the terms Climate change United States. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Federal government activity on climate change - Google News

See also

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  Environmental policy in the U.S.

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  Energy policy in the U.S.

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  Endangered species policy in the U.S.

• Implementation of the Clean Air Act
• Glossary of environmental terms