I 
115TH CONGRESS 
1ST SESSION H. R. 2438 
To amend the Clean Air Act to prohibit any regulation under such Act 
concerning the emissions of carbon dioxide from a fossil fuel-fired electric 
generating unit from taking effect until the Administrator of the Environ-
mental Protection Agency makes certain certifications, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 16, 2017 
Mr. ROTHFUS (for himself, Mr. LAMALFA, and Mr. MCKINLEY) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To amend the Clean Air Act to prohibit any regulation 
under such Act concerning the emissions of carbon diox-
ide from a fossil fuel-fired electric generating unit from 
taking effect until the Administrator of the Environ-
mental Protection Agency makes certain certifications, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fighting Against Im-
balanced Regulatory Burdens Act of 2017’’. 
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SEC. 2. NO UNILATERAL REGULATION OF EMISSIONS OF 
CARBON DIOXIDE. 
The Clean Air Act (42 U.S.C. 7401 et seq.) is amend-
ed by inserting after section 329 the following: 
‘‘SEC. 330. NO UNILATERAL REGULATION OF EMISSIONS OF 
CARBON DIOXIDE FROM FOSSIL FUEL-FIRED 
ELECTRIC GENERATING UNITS. 
‘‘(a) PROHIBITION ON REGULATIONS CONCERNING 
EMISSIONS OF CARBON DIOXIDE FROM FOSSIL FUEL- 
FIRED
ELECTRIC
GENERATING
UNITS
TAKING
EF-
FECT.— 
‘‘(1) PROHIBITION.—A regulation under this 
Act concerning emissions of carbon dioxide from a 
fossil fuel-fired electric generating unit to address 
climate change may not take effect until the Admin-
istrator certifies that a sufficient number of coun-
tries have put into effect regulations concerning 
emissions of carbon dioxide which are at least as 
stringent as the regulation under this Act. 
‘‘(2) COUNTRIES.—For the purposes of para-
graph (1), the term ‘sufficient number’ means a suf-
ficient number of countries so that, in the aggregate, 
such countries account for not less than 80 percent 
of the global carbon dioxide emissions, excluding 
such emissions in the United States, in the calendar 
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year immediately preceding the year in which the 
regulation under this Act would be enforced. 
‘‘(3) STRINGENCY CONSIDERATIONS.—For the 
purposes of paragraph (1), a country’s regulation 
concerning carbon dioxide emissions may only be 
considered to be as stringent as the regulation under 
this Act if such country’s regulation limits carbon 
dioxide emissions to a numeric standard that is 
equal to or less than such a standard under the reg-
ulation under this Act in a timeframe that is equal 
to or less than the timeframe under the regulation 
under this Act. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as providing the Administrator 
with any authority to promulgate any regulation con-
cerning, take action relating to, or take into consideration 
the emissions of carbon dioxide.’’. 
Æ 
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