GOVT230
Policy Brief: Legislative History Assignment
Jordan Israel
Public Policy Research and Writing , L29214654, GOVT230-0
Articulation Statement:
Climate change is among the most urgent environmental, economic and social
challenges facing humanity these days. The problem arises out of the chronic global
climate change, that is brought on by human actions like fossil fuel burning,
deforestation and manufacturing emissions of GHGs to the environment. Greater GHG
emissions have brought on climate change, severe weather events, rising sea levels and
ecosystem disruptions.
The central policy question is what governments ought to do to mitigate and adjust to
climate change impacts. While among the world's biggest GHG emitters, the United
States plays a crucial part in international efforts to fight climate change. In this
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particular paper we evaluate the legislative history of U.S. climate change policy within
the context of federal government activity via legislation, regulations and executive
orders.
Legislative History
1. Has the issue been solved before and if not how?
Climate change has long been a subject of political concern, with policy solutions starting
in the 1970s with green awareness becoming popular. Early initiatives to deal with
Quality of the air, like the Clean air Act (CAA) of 1970, established the foundation for
later climate change laws. Even though the first CAA primarily dealt with air pollution
reduction, GHG emissions were later regulated.
The United States first explicitly dealt with Climate Change during the
1990s with the UNFCCC ratified by President George H.W. Bush in 1992. The UNFCCC
provided a global framework for addressing climate change but didn't establish binding
goals. Newer initiatives are the Kyoto Protocol (1997) and also the Paris Agreement
(2015), and they create international goals for lowering emissions; US reactions to these
agreements are inconsistent.
2. What level of government has it been addressed?
The United states has frequently concentrated on climate change policy at the federal
level, even though States like California have pursued their very own climate policies
with legislation including California's Global Warming Solutions Act of 2006 (AB 32).
Probably the most crucial federal actions have been the ones which have impacted
national GHG emissions.
3. What branch of government has addressed it?
The executive and legislative branches of the United States government have tackled
climate change. Congress has enacted environmental protection laws and many
Presidents have signed executive orders controlling GHGs. The judiciary has also been
associated with prominent cases as Massachusetts v. EPA (2007), where the Supreme
Court held the EPA is authorized to regulate GHGs under the Clean Air Act.
4. Specific Laws & Executive Orders
Branch Legislative:
Clean Air Act Amendments of 1990: While this particular law didn't address climate
change directly, it had become the basis for carbon emission regulation. The Supreme
Court held in 2007 that the EPA may regulate GHGs under the CAA.
Energy Policy Act of 2005: This law rewarded research & development in
renewable Energy, energy efficiency, and climate change technology.
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Executive Branch:
Executive order 13514 (2009): Signed by President Obama, this Order directed federal
agencies to phase down GHG emissions and update energy efficiency in government
buildings.
Clean power plan (2015): Issued by the Obama administration, this Plan attempted to
curb carbon dioxide pollution from Power plants but was stopped by the Supreme Court
and reauthorized by the Trump administration.
5. Status of Current Laws
A lot of the United States 'climate change laws and regulations continue to be in force,
despite political upheaval. For instance, the Clean Air Act continues to be law but has
varied in its application to GHGs based on the administration. Under the Trump
administration, the Affordable Clean Energy Rule replaced the Clean energy Plan with a
looser carbon emission standard for Power plants. In 2021, Biden signed executive
orders recommitting the U.S. to the Paris Agreement and also going after a harder
climate agenda.
Congress is now thinking about new legislation imposing carbon pricing or sizable
funding for renewable energy development. As of 2024, no extensive federal law
particularly dealing with climate change was promulgated, but executive and regulatory
actions continue driving U.S. policy.
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References
Dobbs, D. B., Hayden, P. Bublick, E., T. M. (2020). Torts along with compensation:
Personal accountability and social responsibility for injury (8th ed.). West Academic.
Epstein, R. A., C, Sharkey.
Markle, S. C. (2018). Cases and materials on torts (12th ed.). Wolters Kluwer.
United States Environmental Protection Agency (2020). History of the
Clean Air Act http: / / www.epa.gov / clean-air-act-overview >;
Obama, B. (2009). Executive Order 13514 - Federal Leadership in Environmental,
Economic Performance, and Energy. The White House.
Biden, J. (2021). Executive Order on Tackling the Climate Crisis at Home and Abroad. The
White House.
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