The Clean Air Act, the Endangered Species Act, and the National Environmental Policy Act were never meant to regulate global climate.
As we approach this challenge, we face a growing problem here at home. Some courts are taking laws written more than 30 years ago -- to primarily address local and regional environmental effects -- and applying them to global climate change. The Clean Air Act, the Endangered Species Act, and the National Environmental Policy Act were never meant to regulate global climate. For example, under a Supreme Court decision last year, the Clean Air Act could be applied to regulate greenhouse gas emissions from vehicles. This would automatically trigger regulation under the Clean Air Act of greenhouse gases all across our economy -- leading to what Energy and Commerce Committee Chairman John Dingell last week called, "a glorious mess."
If these laws are stretched beyond their original intent, they could override the programs Congress just adopted, and force the government to regulate more than just power plant emissions. They could also force the government to regulate smaller users and producers of energy -- from schools and stores to hospitals and apartment buildings. This would make the federal government act like a local planning and zoning board, have crippling effects on our entire economy.
Decisions with such far-reaching impact should not be left to unelected regulators and judges. Such decisions should be opened -- debated openly; such decisions should be made by the elected representatives of the people they affect. The American people deserve an honest assessment of the costs, benefits and feasibility of any proposed solution.
This is the approach Congress properly took last year on mandatory policies that will reduce emissions from cars and trucks, and improve the efficiency of lighting and appliances. This year, Congress will soon be considering additional legislation that will affect global climate change. I believe that Congressional debate should be guided by certain core principles and a clear appreciation that there is a wrong way and a right way to approach reducing greenhouse gas emissions. Bad legislation would impose tremendous costs on our economy and on American families without accomplishing the important climate change goals we share.