The American Clean Energy and Security Act of 2009 (ACES) was an
energy
In physics, energy (from Ancient Greek: ἐνέργεια, ''enérgeia'', “activity”) is the quantitative property that is transferred to a body or to a physical system, recognizable in the performance of work and in the form of heat a ...
bill in the
111th United States Congress () that would have established a variant of an
emissions trading
Emissions trading is a market-based approach to controlling pollution by providing economic incentives for reducing the emissions of pollutants. The concept is also known as cap and trade (CAT) or emissions trading scheme (ETS). Carbon emission t ...
plan similar to the
European Union Emission Trading Scheme
The European Union Emissions Trading System (EU ETS) is a "cap and trade" scheme where a limit is placed on the right to emit specified pollutants over an area and companies can trade emission rights within that area. It covers around 45% of th ...
. The bill was approved by the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
on June 26, 2009, by a vote of 219–212. With no prospect of overcoming a threatened Republican filibuster, the bill was never brought to the floor of the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
for discussion or a vote.
The House passage of the bill was the "first time either house of Congress had approved a bill meant to curb the heat-trapping gases scientists have linked to climate change."
[
The bill was also known as the Waxman-Markey Bill, after its authors, Representatives ]Henry A. Waxman
Henry Arnold Waxman (born September 12, 1939) is an American politician who served as a United States House of Representatives, U.S. representative from California from 1975 to 2015. He is a member of the Democratic Party (United States), Democrat ...
of California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
and Edward J. Markey
Edward John Markey (born July 11, 1946) is an American lawyer, politician, and former Army reservist who has served as the junior United States senator from Massachusetts since 2013. A member of the Democratic Party, he was the U.S. representat ...
of , both Democrats. Waxman was at the time the chairman of the Energy and Commerce Committee, and Markey was the chairman of that committee's Energy and Power Subcommittee.
Summary of provisions
The bill proposed a cap and trade
Emissions trading is a market-based approach to controlling pollution by providing economic incentives for reducing the emissions of pollutants. The concept is also known as cap and trade (CAT) or emissions trading scheme (ETS). Carbon emission t ...
system, under which the government would set a limit (cap) on the total amount of greenhouse gas
A greenhouse gas (GHG or GhG) is a gas that Absorption (electromagnetic radiation), absorbs and Emission (electromagnetic radiation), emits radiant energy within the thermal infrared range, causing the greenhouse effect. The primary greenhouse ...
es that can be emitted nationally. Companies then buy or sell (trade) permits to emit these gases, primarily carbon dioxide
Carbon dioxide (chemical formula ) is a chemical compound made up of molecules that each have one carbon atom covalently double bonded to two oxygen atoms. It is found in the gas state at room temperature. In the air, carbon dioxide is transpar ...
. The cap is reduced over time to reduce total carbon emissions. The legislation would set a cap on total emissions over the 2012–2050 period and would require regulated entities to hold rights, or allowances, to emit greenhouse gases. After allowances were initially distributed, entities would be free to buy and sell them (the trade part of the program). Those entities that emit more gases face a higher cost, which provides an economic incentive to reduce emissions. Key elements of the bill include:
*Requires electric utilities to meet 20% of their electricity demand through renewable energy sources and energy efficiency by 2020.
*Subsidizes new clean energy technologies and energy efficiency, including renewable energy ($90 billion in new subsidies by 2025), carbon capture and sequestration
Carbon capture and storage (CCS) or carbon capture and sequestration is the process of capturing carbon dioxide (CO2) before it enters the atmosphere, transporting it, and storing it (carbon sequestration) for centuries or millennia. Usually th ...
($60 billion), electric and other advanced technology vehicles ($20 billion), and basic scientific research and development ($20 billion).
*Protects consumers from energy price increases. According to estimates from the Environmental Protection Agency
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...
, the reductions in carbon pollution required by the legislation will cost American families less than a postage stamp per day (about $13.20 a month, and $160.60 a year ).
*It set the same target for reductions in emissions of carbon dioxide
Carbon dioxide (chemical formula ) is a chemical compound made up of molecules that each have one carbon atom covalently double bonded to two oxygen atoms. It is found in the gas state at room temperature. In the air, carbon dioxide is transpar ...
, methane
Methane ( , ) is a chemical compound with the chemical formula (one carbon atom bonded to four hydrogen atoms). It is a group-14 hydride, the simplest alkane, and the main constituent of natural gas. The relative abundance of methane on Eart ...
, and other greenhouse gas
A greenhouse gas (GHG or GhG) is a gas that Absorption (electromagnetic radiation), absorbs and Emission (electromagnetic radiation), emits radiant energy within the thermal infrared range, causing the greenhouse effect. The primary greenhouse ...
es as that proposed by President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
. The bill required a 17-percent emissions reduction from 2005 levels by 2020; Obama had committed to a 17 percent reduction by 2020. Both plans would've reduce United States' emissions by about 83 percent by 2050. Complementary measures in the legislation, such as efforts to prevent tropical deforestation
Deforestation or forest clearance is the removal of a forest or stand of trees from land that is then converted to non-forest use. Deforestation can involve conversion of forest land to farms, ranches, or urban use. The most concentrated d ...
, would have achieved significant additional reductions in carbon emissions.
*It included a renewable electricity standard (almost identical to a renewable portfolio standard, but narrowly tailored to electrical energy) requiring each electricity provider who supplies over 4 million MWh to produce 20 percent of its electricity
Electricity is the set of physical phenomena associated with the presence and motion of matter that has a property of electric charge. Electricity is related to magnetism, both being part of the phenomenon of electromagnetism, as described ...
from renewable sources
A renewable resource, also known as a flow resource, is a natural resource which will replenish to replace the portion depleted by usage and consumption, either through natural reproduction or other recurring processes in a finite amount of ti ...
(such as wind
Wind is the natural movement of air or other gases relative to a planet's surface. Winds occur on a range of scales, from thunderstorm flows lasting tens of minutes, to local breezes generated by heating of land surfaces and lasting a few hou ...
, solar, and geothermal) by 2020. There is a provision whereby 5% of this standard can be met through energy efficiency
Energy efficiency may refer to:
* Energy efficiency (physics), the ratio between the useful output and input of an energy conversion process
** Electrical efficiency, useful power output per electrical power consumed
** Mechanical efficiency, a ra ...
savings, as well as an additional 3% with certification of the Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
of the state in which the provider operates.
Alternative compliance payments were $25/MWh in violation of the standard, adjusted for inflation beginning in 2010.
*It provides for modernization
Modernization theory is used to explain the process of modernization within societies. The "classical" theories of modernization of the 1950s and 1960s drew on sociological analyses of Karl Marx, Emile Durkheim and a partial reading of Max Weber, ...
of the electrical grid
An electrical grid is an interconnected network for electricity delivery from producers to consumers. Electrical grids vary in size and can cover whole countries or continents. It consists of:Kaplan, S. M. (2009). Smart Grid. Electrical Power ...
.
*It provides for expanded production of electric vehicle
An electric vehicle (EV) is a vehicle that uses one or more electric motors for propulsion. It can be powered by a collector system, with electricity from extravehicular sources, or it can be powered autonomously by a battery (sometimes cha ...
s and other advanced automobile technology.
*It mandates significant increases in energy efficiency
Energy efficiency may refer to:
* Energy efficiency (physics), the ratio between the useful output and input of an energy conversion process
** Electrical efficiency, useful power output per electrical power consumed
** Mechanical efficiency, a ra ...
in buildings, home appliance
A home appliance, also referred to as a domestic appliance, an electric appliance or a household appliance, is a machine which assists in household functions such as cooking, cleaning and food preservation.
Appliances are divided into three ty ...
s, and electricity generation
Electricity generation is the process of generating electric power from sources of primary energy. For electric utility, utilities in the electric power industry, it is the stage prior to its Electricity delivery, delivery (Electric power transmi ...
.
The bill's cap-and-trade program allocates 85% of allowances to industry for free, auctioning the remainder. The revenue from these allowances will be used to finance conservation of tropical forests abroad and to support low-income households.["Tropical Forest Conservation in Waxman Markey"](_blank)
. Stevenson, Andrew. June 9, 2009. Retrieved August 28, 2009. 30% of the allowances will be allocated directly to local distribution companies (LDCs) who are mandated to use them exclusively for the benefit of customers. 5% will go to merchant coal generators and others with long-term power purchase agreements.
Congressional Budget Office analysis
A study in June 2009 by the non-partisan Congressional Budget Office
The Congressional Budget Office (CBO) is a federal agency within the legislative branch of the United States government that provides budget and economic information to Congress.
Inspired by California's Legislative Analyst's Office that manages ...
(CBO) indicated that the bill would be roughly deficit-neutral for the government over the next decade:
The study also indicated that the tax burden on individual households would be limited:
The analysis did not attempt to quantify the environmental benefits of reduced greenhouse gas emissions
Greenhouse gas emissions from human activities strengthen the greenhouse effect, contributing to climate change. Most is carbon dioxide from burning fossil fuels: coal, oil, and natural gas. The largest emitters include coal in China and lar ...
. The report also stated that the "net financial impact of the program on households in different income brackets would depend in large part on how many allowances were sold (versus given away), how the free allowances were allocated, and how any proceeds from selling allowances were used. That net impact would reflect both the added costs that households experienced because of higher prices and the share of the allowance value that they received in the form of benefit payments, rebates, tax decreases or credits, wages, and returns on their investments." In other words, while a cap and trade system imposes costs on high emitters, it can generate revenues for low emitters that sell permits to them. While the government sets the bar on emission levels, the market determines who gains and who loses.
Public debate
Supporters of and arguments for the bill
The bill was supported by a number of environmental organizations including, the Defenders of Wildlife
Defenders of Wildlife is a 501(c)(3) non-profit conservation organization based in the United States. It works to protect all native animals and plants throughout North America in their natural communities.
Background
Defenders of Wildlife is a n ...
, the Alliance for Climate Protection, the Environmental Defense Fund
Environmental Defense Fund or EDF (formerly known as Environmental Defense) is a United States-based nonprofit environmental advocacy group. The group is known for its work on issues including global warming, ecosystem restoration, oceans, and hu ...
,[Key Features of the American Clean Energy and Security Act](_blank)
, – Environmental Defense Fund the National Wildlife Federation
The National Wildlife Federation (NWF) is the United States' largest private, nonprofit conservation education and advocacy organization, with over six million members and supporters, and 51 state and territorial affiliated organizations (includin ...
, The Nature Conservancy
The Nature Conservancy (TNC) is a global environmental organization headquartered in Arlington, Virginia. it works via affiliates or branches in 79 countries and territories, as well as across every state in the US.
Founded in 1951, The Natu ...
, the Audubon Society
The National Audubon Society (Audubon; ) is an American non-profit environmental organization dedicated to conservation of birds and their habitats. Located in the United States and incorporated in 1905, Audubon is one of the oldest of such orga ...
, the Natural Resources Defense Council
The Natural Resources Defense Council (NRDC) is a United States-based 501(c)(3) non-profit international environmental advocacy group, with its headquarters in New York City and offices in Washington D.C., San Francisco, Los Angeles, Chicago, Bo ...
and the Sierra Club
The Sierra Club is an environmental organization with chapters in all 50 United States, Washington D.C., and Puerto Rico. The club was founded on May 28, 1892, in San Francisco, California, by Scottish-American preservationist John Muir, who be ...
. The League of Conservation Voters
The League of Conservation Voters (LCV) is an American environmental advocacy group. LCV says that it "advocates for sound environmental laws and policies, holds elected officials accountable for their votes and actions, and elects pro-environmen ...
threatened to withhold endorsements from any representative who votes against the bill. In addition to environmental organizations the Energy and Commerce Committee received letters of support from a broad range of organizations, including the United Auto Workers
The International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, better known as the United Auto Workers (UAW), is an American labor union that represents workers in the United States (including Puerto Rico ...
, Exelon
Exelon Corporation is an American Fortune 100 energy company headquartered in Chicago, Illinois and incorporated in Pennsylvania. It generates revenues of approximately $33.5 billion and employs approximately 33,400 people. Exelon is the larges ...
, General Electric
General Electric Company (GE) is an American multinational conglomerate founded in 1892, and incorporated in New York state and headquartered in Boston. The company operated in sectors including healthcare, aviation, power, renewable energ ...
, Dow Chemical Company
The Dow Chemical Company, officially Dow Inc., is an American multinational chemical corporation headquartered in Midland, Michigan, United States. The company is among the three largest chemical producers in the world.
Dow manufactures plastic ...
, Pacific Gas and Electric Company
The Pacific Gas and Electric Company (PG&E) is an American investor-owned utility (IOU). The company is headquartered in the Pacific Gas & Electric Building, in San Francisco, California. PG&E provides natural gas and electricity to 5.2 milli ...
, and DuPont
DuPont de Nemours, Inc., commonly shortened to DuPont, is an American multinational chemical company first formed in 1802 by French-American chemist and industrialist Éleuthère Irénée du Pont de Nemours. The company played a major role in ...
. ''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' noted that "industry officials were split, with the United States Chamber of Commerce
The United States Chamber of Commerce (USCC) is the largest lobbying group in the United States, representing over three million businesses and organizations. The group was founded in April 1912 out of local chambers of commerce at the urgin ...
and the National Association of Manufacturers
The National Association of Manufacturers (NAM) is an advocacy group headquartered in Washington, D.C., with additional offices across the United States. It is the nation's largest manufacturing industrial trade association, representing 14,000 s ...
opposing the bill and some of the nation's biggest corporations, including Dow Chemical and Ford
Ford commonly refers to:
* Ford Motor Company, an automobile manufacturer founded by Henry Ford
* Ford (crossing), a shallow crossing on a river
Ford may also refer to:
Ford Motor Company
* Henry Ford, founder of the Ford Motor Company
* Ford F ...
, backing it."
The Republicans for Environmental Protection
ConservAmerica, formerly known as Republicans for Environmental Protection (REP), is a national nonprofit organization formed in 1995. REP's stated purpose is to strengthen the Republican Party's stance on environmental issues and support effor ...
(REP), a national grassroots organization, issued a press release after the vote stating "House passage today of the American Clean Energy and Security Act is a step in the right direction in the fight against dangerous climate change and for developing cleaner, more secure energy resources."[Press Releases](_blank)
, Republicans for Environmental Protection
ConservAmerica, formerly known as Republicans for Environmental Protection (REP), is a national nonprofit organization formed in 1995. REP's stated purpose is to strengthen the Republican Party's stance on environmental issues and support effor ...
(REP America) David Jenkins, REP vice president for government and political affairs, noted that "Doing nothing is not an option. The costs and risks of failing to limit greenhouse gas emissions are too high. We owe it to our country and to our country's future citizens to take action. Today, the House looked to the future and did the right thing for our economy, security, and environment."
The Environmental Protection Agency
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...
(EPA) estimated the discussion draft version of the bill to cost average households $98–$140 per year. A preliminary update of this study said that the changes "would likely result in lower allowance prices, a smaller impact on energy bills, and a smaller impact on household consumption."
Economist Paul Krugman
Paul Robin Krugman ( ; born February 28, 1953) is an American economist, who is Distinguished Professor of Economics at the Graduate Center of the City University of New York, and a columnist for ''The New York Times''. In 2008, Krugman was th ...
argued for the bill in September 2009, while attacking the bill's opponents: "It's important, then, to understand that claims of immense economic damage from climate legislation are as bogus, in their own way, as climate change denial
Climate change denial, or global warming denial, is denial, dismissal, or doubt that contradicts the scientific consensus on climate change, including the extent to which it is caused by humans, its effects on nature and human society, or th ...
. Saving the planet won't come free (although the early stages of conservation actually might). But it won't cost all that much either." During May 2009, he argued that a cap and trade system is better than a carbon tax
A carbon tax is a tax levied on the carbon emissions required to produce goods and services. Carbon taxes are intended to make visible the "hidden" social costs of carbon emissions, which are otherwise felt only in indirect ways like more sev ...
. He explained how the incentives work
Even when polluters get free permits, they still have an incentive to reduce their emissions, so that they can sell their excess permits to someone else. That's not just theory: allowances for sulfur dioxide emissions are allocated to electric utilities free of charge, yet the cap-and-trade system for SO2 has been highly successful at controlling acid rain.
Tia Nelson
Tia Lee Nelson (born June 21, 1956) is an American academic, Environmentalism, environmental activist, and public servant from the U.S. state, state of Wisconsin. She has held several high-profile positions at The Nature Conservancy, served as Ex ...
testified in support of the bill on April 24, 2009.
Arguments against the bill
Criticism focused on ultimate costs and benefits of the plan. A report written for the conservative think tank
A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmental or ...
The Heritage Foundation
The Heritage Foundation (abbreviated to Heritage) is an American conservative think tank based in Washington, D.C. that is primarily geared toward public policy. The foundation took a leading role in the conservative movement during the presiden ...
on the discussion draft of the bill claimed that the economy would react to this cap-and-trade system like it would lead to an energy crisis. This same report also claimed that the impact on global temperature by the end of the 21st century would amount to a reduction of no more than 0.2° Celsius
The degree Celsius is the unit of temperature on the Celsius scale (originally known as the centigrade scale outside Sweden), one of two temperature scales used in the International System of Units (SI), the other being the Kelvin scale. The ...
.
Equity issues
Economist Arnold Kling
Arnold Kling (born 1954) is an American economist, scholar, and blogger known for his writings on EconLog, an economics blog, along with Bryan Caplan and David R. Henderson. Kling also has his own blog, askblog, which carries the motto: "takin ...
said the bill "maximizes rent-seeking
Rent-seeking is the act of growing one's existing wealth without creating new wealth by manipulating the social or political environment.
Rent-seeking activities have negative effects on the rest of society. They result in reduced economic effi ...
(favoritism toward particular businesses) and minimizes carbon reduction". Other economists argued that the bill would create significant financial costs. ''The Wall Street Journal
''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' accused the Congressional Budget Office
The Congressional Budget Office (CBO) is a federal agency within the legislative branch of the United States government that provides budget and economic information to Congress.
Inspired by California's Legislative Analyst's Office that manages ...
(CBO) of significantly underestimating the bill's ultimate costs, pointing out supposed flaws in its calculations. The ''Wall Street Journal'' also suggested that the bill's costs would disproportionately affect lower-income households, for which the CBO estimates did not account. ''The New York Times'' reported that the bill's provisions to levy tariffs on Chinese imports due to carbon emissions could provoke a trade war. The Competitive Enterprise Institute
The Competitive Enterprise Institute (CEI) is a non-profit libertarian think tank founded by the political writer Fred L. Smith Jr. on March 9, 1984, in Washington, D.C., to advance principles of limited government, free enterprise, and individ ...
argued that the bill was essentially the "largest tax hike in world history". The American Petroleum Institute
The American Petroleum Institute (API) is the largest U.S. trade association for the oil and natural gas industry. It claims to represent nearly 600 corporations involved in production, refinement, distribution, and many other aspects of the pet ...
, representing the petroleum and natural gas industry, said the bill would place "disproportionate burden on all consumers of gasoline, diesel fuel, heating oil, jet fuel, propane and other petroleum products", and by 2035, it would cause gasoline prices in excess of $4.00 per gallon by today's standards.
Nuclear power
Nuclear power plants generate minimal greenhouse gases, yet one critic wrote that the bill did not sufficiently advocate this clean power source. In response to this criticism, House of Representatives staff members wrote that the electricity generated by nuclear power required the purchase of far fewer allowances than other forms of electricity generation; that the bill provided various types of financial support to build clean energy generating sources, including nuclear; and that an EPA study indicated that twice as many nuclear plants would be built if the law was passed versus the status quo.
Other high emitting nations
There was criticism that unless China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
and India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
adopted similar emissions standards, the impact on global climate would be insubstantial. This was largely an argument based on the leading role these two countries had obtained in carbon dioxide emissions which could reach 34% of the global total by 2030.
Doubts about a carbon market
Critics also noted that the bill would create the largest market in carbon in the world. It would also "open up the so-called 'sub-prime carbon' market in carbon offset
A carbon offset is a reduction or removal of emissions of carbon dioxide or other greenhouse gases made in order to compensate for emissions made elsewhere. Offsets are measured in tonnes of carbon dioxide-equivalent (CO2e). One ton of carbon ...
s, whereby industries can claim emissions reductions by investing in various projects around the world that theoretically reduce greenhouse gas emissions. The Government Accountability Office (GAO) claimed it was virtually impossible to verify whether carbon offsets represented real emissions reductions. "
Non federal jurisdictions
On June 26, 2009, Reuters
Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world.
The agency was estab ...
reported that " ates that have set the U.S. agenda on addressing greenhouse gas emissions are lining up behind a federal climate bill, fearing signs of dissent would weaken a plan that still faces hurdles" The article noted that representatives from members of the Eastern U.S. 10-state Regional Greenhouse Gas Initiative
The Regional Greenhouse Gas Initiative (RGGI, pronounced "Reggie") is the first mandatory market-based program to reduce greenhouse gas emissions by the United States. RGGI is a cooperative effort among the states of Connecticut, Delaware, Maine, ...
, the Midwestern Greenhouse Gas Reduction Accord
The Midwestern Greenhouse Gas Reduction Accord (Midwestern Accord) is a regional agreement by six governors of states in the US Midwest who are members of the Midwestern Governors Association (MGA), and the premier of one Canadian province, who ...
, which joined six U.S. states with Canada's Manitoba, and the 11-state-and-four Canadian province Western Climate Initiative
Western Climate Initiative, Inc. (WCI) is a 501(c)(3) non-profit corporation which administers the shared emissions trading market between the American state of California and the Canadian province of Quebec as well as separately administering th ...
were supporting the legislation, even though the Eastern market member states, which had already been operating under a cap-and-trade system, "would lose a direct revenue stream of hundreds of millions of dollars if the federal plan were passed."[ The three existing regional carbon cap and trade programs, which were in varying states of development, would likely be merged into the national plan, since "the federal 'cap-and-trade' plan pre-empts any similar state scheme from 2012 to 2017."][ However, ACES left states the option of resuming trade of pollution credits after 2017 and "would allow holders of RGGI allowances to convert them into federal allowances, which means the states will likely hold auctions until the federal plan begins.][
Citizens Against Government Waste named both Reps. Waxman and Markey the May 2009 Porkers of the month for "adding and altering provisions to placate special interests and buy the votes of appropriately skeptical members of Congress".
]
Debate among environmental organizations and scientists
While the Environmental Defense Fund
Environmental Defense Fund or EDF (formerly known as Environmental Defense) is a United States-based nonprofit environmental advocacy group. The group is known for its work on issues including global warming, ecosystem restoration, oceans, and hu ...
and many other environmental organizations strongly supported the bill, other environmentalists sharply criticized the legislation as too weak and called urgently for it to be amended so as to include additional and more vigorous measures to protect climate and natural resources.
Some environmentalists criticized the fuel efficiency standards in the "cash for clunkers" provision of the bill, because new cars would only need to get 22 MPG to be considered fuel efficient. New SUVs and pickup trucks would only need to get 18 MPG to be considered fuel efficient. Vehicles older than 25 years were not eligible for the program. CNN reported that "One of the biggest criticisms is that it's not very environmentally friendly."
''The New York Times'' noted that "while some environmentalists enthusiastically supported the legislation, others, including Greenpeace
Greenpeace is an independent global campaigning network, founded in Canada in 1971 by Irving Stowe and Dorothy Stowe, immigrant environmental activists from the United States. Greenpeace states its goal is to "ensure the ability of the Earth t ...
and Friends of the Earth
Friends of the Earth International (FoEI) is an international network of environmental organizations in 73 countries. The organization was founded in 1969 in San Francisco by David Brower, Donald Aitken and Gary Soucie after Brower's split with ...
, opposed it." Friends of the Earth, an international environmental organization, announced its opposition to ACES as they believed the bill was too weak. They cited support from Shell Oil Company
Shell USA, Inc. (formerly Shell Oil Company, Inc.) is the United States-based wholly owned subsidiary of Shell plc, a UK-based transnational corporation " oil major" which is amongst the largest oil companies in the world. Approximately 18,0 ...
and Duke Energy as evidence of the bill's shortcomings. They also objected to the removal of the EPA's existing authority to use the Clean Air Act to counter emissions of greenhouse gases. Environmental organizations critical of the bill said the bill fell short by allowing for 85 percent or more of pollution permits to be given away free of cost to the electricity sector. A coalition of environmental groups released a statement saying that "to craft a bill that allows for 2 billion tons of offsets per year—roughly equivalent to 27 percent of 2007 U.S. greenhouse gas emissions—is to allow for continued and dangerous delay in real action by our country at a time when the world is looking to the U.S. for leadership on climate change." Critics of the bill were concerned about it not going far enough, and claimed that there were too many concessions made to special interests in rewriting the bill. Thus, making the bill weak and potentially harmful to the economy and environment.
Dr. James E. Hansen
James Edward Hansen (born March 29, 1942) is an American adjunct professor directing the Program on Climate Science, Awareness and Solutions of the The Earth Institute, Earth Institute at Columbia University. He is best known for his research ...
, one of the first to warn about the risks of climate change and an advocate of taking related action, also argued strongly against the bill: 1) It restricted the EPA's ability to regulate CO2 emissions from power plants; 2) it set "meager" targets for emission reductions, with only a 13% reduction by 2020; 3) it lacked certain controls important to the trading of allowances to emit carbon; and 4) it failed to set predictable prices for carbon, making it harder for businesses and households to make investment decisions. Dr. Hansen advocated a carbon tax rather than a cap and trade system.
Alternatively, Senators Maria Cantwell
Maria Ellen Cantwell (; born October 13, 1958) is an American politician and former businesswoman serving as the junior United States senator from Washington since 2001. A member of the Democratic Party, she previously served in the Washingto ...
and Susan Collins introduced the Carbon Limits and Energy for America's Renewal (CLEAR) Act
Maria Ellen Cantwell (; born October 13, 1958) is an American politician and former businesswoman serving as the junior United States senator from Washington since 2001. A member of the Democratic Party, she previously served in the Washington ...
. This bill proposed a cap and dividend
Cap and dividend is a market-based trading system which retains the original capping method of cap and trade, but also includes compensation for energy consumers. This compensation is to offset the cost of products produced by companies that rais ...
approach in which 75% of the revenue is returned to taxpayers in the form of a dividend, and the rest is used to fund to development of renewable energy.
Media response
News agencies Reuters
Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world.
The agency was estab ...
and Agence France-Presse
Agence France-Presse (AFP) is a French international news agency headquartered in Paris, France. Founded in 1835 as Havas, it is the world's oldest news agency.
AFP has regional headquarters in Nicosia, Montevideo, Hong Kong and Washington, D.C ...
and United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
newspaper ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' reported the narrow passage of the "historic" legislation in the House, regarding the vote to be a "major"[ and "hard-fought"][ victory for President Obama, while an ]Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
article, carried by the Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation (french: Société Radio-Canada), branded as CBC/Radio-Canada, is a Canadian public broadcaster for both radio and television. It is a federal Crown corporation that receives funding from the government. ...
, reported the vote to be "a triumph for heU.S. President."
''The New York Times'' commented that "the House legislation reflects a series of concessions necessary to attract the support of Democrats from different regions and with different ideologies. In the months of horse-trading before the vote Friday, the bill's targets for emissions of heat-trapping gases were weakened, its mandate for renewable electricity was scaled back, and incentives for industries were sweetened." ''Business Week
''Bloomberg Businessweek'', previously known as ''BusinessWeek'', is an American weekly business magazine published fifty times a year. Since 2009, the magazine is owned by New York City-based Bloomberg L.P. The magazine debuted in New York City ...
'' emphasized its perceived significance of the legislation and its passage in the House, declaring "June 26, 2009, will go down as an historic moment in world's efforts to tackle climate change. For the first time, a Congressional body passed legislation that would place mandatory limits on the emissions of the greenhouse gases that cause global warming."
Impact on Copenhagen Climate Change Conference
It was reported that the passage of ACES in Congress would increase the likelihood that a successor to the Kyoto Protocol
The Kyoto Protocol was an international treaty which extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits state parties to reduce greenhouse gas emissions, based on the scientific consensus that (part ...
would be adopted at the United Nations Climate Change Conference 2009
The 2009 United Nations Climate Change Conference, commonly known as the Copenhagen Summit, was held at the Bella Center in Copenhagen, Denmark, between 7 and 18 December. The conference included the 15th session of the Conference of the Partie ...
in Copenhagen
Copenhagen ( or .; da, København ) is the capital and most populous city of Denmark, with a proper population of around 815.000 in the last quarter of 2022; and some 1.370,000 in the urban area; and the wider Copenhagen metropolitan ar ...
. ''The Guardian'' US environment correspondent noted that ACES passing the US House of Representatives "delivers an important boost to the prospects of reaching an agreement for international action on climate change at Copenhagen this year."[ The ''New York Times'' noted that "the German chancellor, ]Angela Merkel
Angela Dorothea Merkel (; ; born 17 July 1954) is a German former politician and scientist who served as Chancellor of Germany from 2005 to 2021. A member of the Christian Democratic Union (CDU), she previously served as Leader of the Oppo ...
, who was in Washington on Friday to meet with Mr. Obama, strongly endorsed the bill even though it fell short of European goals for reducing the emissions of heat-trapping gases."
Legislative history
The bill was offered as a "discussion draft" in the House Committee on Energy and Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more than ...
on March 31, 2009. A final version of the legislation was introduced on May 15, 2009, by the same title, assigned bill number .
On May 21, 2009, the bill passed out of the Energy and Commerce Committee by a vote of 33–25, largely falling along political party lines.
Energy and Commerce Committee markup
Republicans proposed over 400 amendments to the bill, the majority of which many think were proposed to delay passage. Some of the more prominent from both parties are listed below:
Accepted
*John Dingell
John David Dingell Jr. (July 8, 1926 – February 7, 2019) was an American politician who served as a member of the United States House of Representatives from 1955 until 2015. A member of the Democratic Party, he holds the record for longes ...
(D-MI) offered an amendment that establishes a bank to assist with loans for clean energy development.
*Betty Sutton
Betty Sue Sutton (born July 31, 1963) is an American politician who currently serves as a Judge of Ohio's 9th District Court of Appeals. She previously served as a U.S. Representative for from 2007 to 2013. She is a member of the Democratic Party ...
(D-OH) offered an amendment establishing a "Cash for Clunkers" program, giving $3,500 or $4,500 toward the purchase or lease of more fuel efficient vehicles if anyone trades in qualifying, less-efficient vehicles.
*Kathy Castor
Katherine Anne Castor (born August 20, 1966) is an American politician and lawyer currently representing in the United States House of Representatives, serving since 2007. The district, numbered as the 11th district from 2007 to 2013, is based ...
(D-FL) offered an amendment giving states the ability to adopt feed-in tariff
A feed-in tariff (FIT, FiT, standard offer contract,Couture, T., Cory, K., Kreycik, C., Williams, E., (2010)Policymaker's Guide to Feed-in Tariff Policy Design National Renewable Energy Laboratory, U.S. Dept. of Energy advanced renewable tariff, ...
s for renewable energy as defined in the bill.
*Henry Waxman
Henry Arnold Waxman (born September 12, 1939) is an American politician who served as a U.S. representative from California from 1975 to 2015. He is a member of the Democratic Party.
His district included much of the western part of the city of ...
(D-CA) offered an amendment creating a classification of "central procurement state" that allows existing renewable energy legislation passed by states before January 1, 2009, to supersede some provisions of the bill.
Defeated
* Mike Rogers (R-MI) offered an amendment that would have cancelled the Act unless China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
and India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
adopt similar standards.
*Roy Blunt
Roy Dean Blunt (born January 10, 1950) is an American politician serving as the senior United States senator for Missouri, a seat he was first elected to in 2010. A member of the Republican Party, he previously served as the 33rd Missouri Secr ...
(R-MO) offered an amendment that would have cancelled the Act if the average price of electricity in a residential sector increases by 10% or more. After defeat, he offered a second amendment that would have cancelled only Title III (the cap-and-trade plan) of the Act if residential electricity prices rise by 20%. After defeat of this measure, George Radanovich
George Purdy Radanovich (born June 20, 1955) is an American politician and former U.S. Representative for , serving from 1995 to 2011. The district includes most of northern Fresno, as well as several rural areas northeast of the city. He did no ...
(R-CA) offered a similar amendment that would have cancelled only Title III if electricity prices in the residential sector rise by 100%. This measure was also defeated. In the hearing, Bart Stupak
Bartholomew Thomas Stupak (; born February 29, 1952) is an American politician and lobbyist. A member of the Democratic Party, Stupak served as the U.S. representative from from 1993 to 2011.
Stupak chose not to seek re-election in 2010. He dep ...
(D-MI) called into question the seriousness of these "message amendments". He stated they are only offered to be used by the Republicans to spur sensational headlines about lack of sympathy by Democrats. Ranking Member Joe Barton
Joseph Linus Barton (born September 15, 1949) is an American politician who represented in the U.S. House of Representatives from 1985 to 2019. The district included Arlington, part of Fort Worth, and several small towns and rural areas south ...
(R-TX) responded that they were indeed "message amendments" to the American people in an attempt to convey that supporters of the bill care nothing about cost to the ratepayer.
*Lee Terry
Lee Raymond Terry (born January 29, 1962) is a former American politician and a senior law firm adviser. From 1999 to 2015, he served as a member of the U.S. House of Representatives for as a member of the Republican Party. Since 2015, Terry ...
(R-NE) offered an amendment that would have cancelled the Act if average gas prices reach $5 per gallon.
*Fred Upton
Frederick Stephen Upton (born April 23, 1953) is an American politician serving as a U.S. representative from Michigan since 1987, representing the state's 6th congressional district since 1993. He is a member of the Republican Party. His dist ...
(R-MI) offered an amendment that would have suspended the Act if the nation's unemployment rate for the prior year reaches 15% as a result of the Act.
*Marsha Blackburn
Mary Marsha Blackburn (née Wedgeworth; born June 6, 1952) is an American politician and businesswoman serving as the senior United States senator from Tennessee, a seat she has held since 2019. She is a member of the Republican Party. Blackbur ...
(R-TN) offered an amendment that would have required the U.S. Environmental Protection Agency
The Environmental Protection Agency (EPA) is an Independent agencies of the United States government, independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon pro ...
(EPA) to label energy bills, food, manufactured products and fuels with the price impact this law has on the item.
*Cliff Stearns
Clifford Bundy Stearns Sr. (born April 16, 1941) is an American businessman and politician who was the U.S. representative for from 1989 to 2013. He is a member of the Republican Party.
On August 14, 2012, Stearns lost to veterinarian Ted Yoho ...
(R-FL) offered an amendment that would have removed existing nuclear power from the baseline of the Renewable Electricity Standard. (This amendment would have potentially reduced the overall implementation of renewable energy under this act by around 20%, the amount of nuclear electricity generation in the United States).
By the end of May 20, 2009, 2 Republican and 24 Democratic amendments had been adopted. 15 Republican amendments had been defeated. No amendment sponsored by a Democrat had yet been defeated.
Rules Committee resolution
At 3:47am on June 26, 2009, was reported to the house, which amended H.R. 2454, adding to the bill. This resolution was passed in the house just hours later at 11:21am. Republicans complained that neither the public nor the representatives were given adequate time to study the 310-page amendment. Markey refuted Rush Limbaugh
Rush Hudson Limbaugh III ( ; January 12, 1951 – February 17, 2021) was an American conservative political commentator who was the host of '' The Rush Limbaugh Show'', which first aired in 1984 and was nationally syndicated on AM and FM r ...
's assertion that the bill was not available at all, saying the bill was available to read on the Internet and at the reading clerk's desk since the 3:47am reporting.
Final debate and floor vote
Speaker Nancy Pelosi scheduled the vote for June 26, 2009. The week leading up to the vote was marked by courting moderate Republicans and on-the-fence Democrats from rural and coal districts to support the legislation in what was expected to be a close vote. On the day of the vote, Democrats were still working to ensure they had the votes needed to pass the bill. Republicans tried to pull back their proposed amendments, realizing they were giving the Democrats more time to corral votes, however, they were unable to pull their proposed amendments off the floor.[House passes climate-change bill] Shortly before the vote, John Boehner
John Andrew Boehner ( ; born , 1949) is an American retired politician who served as the 53rd speaker of the United States House of Representatives from 2011 to 2015. A member of the Republican Party, he served 13 terms as the U.S. represe ...
read aloud to the House from most of the 300 page Manager's amendment that was filed at 3:09am on the day of the vote. He voiced opposition to the practice of changing bills in the middle of the night before the vote, and concern that the manager's amendment made substantial changes to the bill. He did not want the House to vote on the bill before the members could learn what was in the amendment, so he read much of it aloud. Manager's amendments are supposed to be for clerical changes only, not substantive ones. Patrick J. Kennedy
Patrick Joseph Kennedy II (born July 14, 1967) is an American politician and mental health advocate. From 1995 to 2011, he served as a Democratic member of the United States House of Representatives from Rhode Island's 1st congressional distr ...
(D-RI) returned from rehab to cast a 'Yes' vote, and Ellen Tauscher
Ellen O'Kane Tauscher (November 15, 1951 – April 29, 2019) was an American businesswoman, diplomat, and Democratic Party politician who was the U.S. representative for California's 10th congressional district from 1997 to 2009. From 2009 to 20 ...
(D-CA) delayed resigning the House to vote for the legislation as well.[
The bill was approved in the House by a vote of 219–212, with 8 Republicans supporting, and 44 Democrats voting against, and 3 members not voting.][l] All representatives present at the time of the vote had cast votes. Jeff Flake (R-AZ), Alcee Hastings
Alcee Lamar Hastings ( ; September 5, 1936 – April 6, 2021) was an American politician and judge from the state of Florida.
Hastings was nominated to the United States District Court for the Southern District of Florida by President Jimmy Cart ...
(D-FL), and John Sullivan (R-OK) missed the vote due to "a family conflict", travel abroad in Albania, and "alcohol addiction treatment", respectively.
Democratic votes against largely came from freshmen in Republican-leaning seats, conservative "blue dog" democrats, as well as Democrats from areas dependent on coal for electricity or areas with large numbers of manufacturing jobs. However, some Democrats from liberal districts, like Pete Stark (CA) voted against the bill because he considered the bill "watered-down". Dennis Kucinich
Dennis John Kucinich (; born October 8, 1946) is an American politician. A U.S. Representative from Ohio from 1997 to 2013, he was also a candidate for the Democratic nomination for president of the United States in 2004 and 2008. He ran for ...
(D-OH) voted against the bill because he considered the bill "too-weak" and opposed offsets, among other similar criticisms.
Republicans supporting the bill were Army Secretary nominee John M. McHugh and moderate Republican Main Street Partnership
The Republican Main Street Partnership is a 501(c)(4) organization that was allied with the congressional Republican Main Street Caucus. The Partnership continues to exist, while the Caucus was dissolved by its members in February 2019.
Hist ...
caucus members Mary Bono Mack
Mary Bono (née Whitaker and formerly Mary Bono Mack, born October 24, 1961) is an American politician, businesswoman, and lobbyist who served Palm Springs and most of central and eastern Riverside County, California, in the U.S. House of Repres ...
(R-CA), Mike Castle
Michael Newbold Castle (born July 2, 1939) is an American lawyer and politician who was governor of Delaware (1985–92) and the U.S. representative for (1993–2011). He is a member of the Republican Party.
The district includes the entire ...
(R-DE), Dave Reichert
David George Reichert (; born August 29, 1950) is an American politician, veteran, and former sheriff who served as the U.S. representative for Washington's 8th congressional district from 2005 to 2019. He is a Republican and is the former ele ...
(R-WA), Mark Kirk
Mark Steven Kirk (born September 15, 1959) is a retired American politician and attorney who served as a United States senator from Illinois from 2010 to 2017, and as the United States representative for Illinois's 10th congressional district fr ...
(R-IL), Leonard Lance
Leonard John Lance (born June 25, 1952) is an American politician and attorney who served as the U.S. representative for , from 2009 to 2019. He ran for re-election in 2018, but was defeated by Democrat Tom Malinowski. He is a member of the ...
(R-NJ), Frank LoBiondo
Frank Alo LoBiondo (: born May 12, 1946) is an American businessman and politician who served as the U.S. representative for from 1995 to 2019. He is a member of the Republican Party. He represented all of Atlantic, Cape May, Cumberland and ...
(R-NJ), Chris Smith (R-NJ). Kirk and Castle were members of the Republicans for Environmental Protection
ConservAmerica, formerly known as Republicans for Environmental Protection (REP), is a national nonprofit organization formed in 1995. REP's stated purpose is to strengthen the Republican Party's stance on environmental issues and support effor ...
caucus.
With no prospect of overcoming a threatened Republican filibuster, the bill was never brought to the floor of the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
for discussion or a vote.
Required annual reductions in GHG emissions
The table below summarizes the required greenhouse gas emission reductions, with the benchmark of the 2005 emission levels.
See also
* Carbon Pollution Reduction Scheme
The Carbon Pollution Reduction Scheme (or CPRS) was a cap-and-trade emissions trading scheme for anthropogenic greenhouse gases proposed by the Rudd government, as part of its climate change policy, which had been due to commence in Australia in ...
* Low-carbon fuel standard
A low-carbon fuel standard (LCFS) is an emissions trading rule designed to reduce the average carbon intensity of transportation fuels in a given jurisdiction, as compared to conventional petroleum fuels, such as gasoline and diesel. The most co ...
* Low carbon power generation
* Regional Greenhouse Gas Initiative
The Regional Greenhouse Gas Initiative (RGGI, pronounced "Reggie") is the first mandatory market-based program to reduce greenhouse gas emissions by the United States. RGGI is a cooperative effort among the states of Connecticut, Delaware, Maine, ...
* Climate Change Accountability Act (Bill C-311)
The ''Climate Change Accountability Act'' is a Private Member's Bill that was submitted in the 39th, 40th and 41st Canadian Parliaments. It was originally tabled in October 2006 in the House of Commons of Canada as Bill C-377 of the 39th Parl ...
* Climate change policy of the United States
The climate change policy of the United States has major impacts on global climate change and global climate change mitigation. This is because the United States is the second largest emitter of greenhouse gasses in the world after China, and ...
* Emissions trading
Emissions trading is a market-based approach to controlling pollution by providing economic incentives for reducing the emissions of pollutants. The concept is also known as cap and trade (CAT) or emissions trading scheme (ETS). Carbon emission t ...
* Midwestern Greenhouse Gas Accord
* Western Climate Initiative
Western Climate Initiative, Inc. (WCI) is a 501(c)(3) non-profit corporation which administers the shared emissions trading market between the American state of California and the Canadian province of Quebec as well as separately administering th ...
* EU ETS
The European Union Emissions Trading System (EU ETS) is a "cap and trade" scheme where a limit is placed on the right to emit specified pollutants over an area and companies can trade emission rights within that area. It covers around 45% of th ...
References
External links
H.R. 2454, 111th Congress
at THOMAS
Thomas may refer to:
People
* List of people with given name Thomas
* Thomas (name)
* Thomas (surname)
* Saint Thomas (disambiguation)
* Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church
* Thomas the A ...
{{DEFAULTSORT:American Clean Energy And Security Act
Proposed legislation of the 111th United States Congress
Emissions trading
Renewable energy economy
Climate change law
Climate change policy in the United States