I 
112TH CONGRESS 
1ST SESSION 
H. R. 750 
To preempt regulation of, action relating to, or consideration of greenhouse 
gases under Federal and common law on enactment of a Federal policy 
to mitigate climate change. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2011 
Mr. WALBERG introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To preempt regulation of, action relating to, or consideration 
of greenhouse gases under Federal and common law on 
enactment of a Federal policy to mitigate climate change. 
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 ‘‘Defending America’s 
Affordable Energy and Jobs Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
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(1) the climate of the Earth is dynamic, and 
changes in climate are caused by a complex com-
bination of factors; 
(2) greenhouse gases are globally dispersed, and 
any attempt by a country to reduce the greenhouse 
gas emissions of the country must be undertaken in 
coordination with the international community, in-
cluding the developing world, in order to have any 
significant impact; 
(3) regulating the emission of greenhouse gases 
under Federal regulatory mechanisms in existence as 
of the date of enactment of this Act is divorced from 
any intent expressed by the Congress during the en-
actment of the authorizing statutes governing those 
mechanisms; 
(4) any action to control emissions of green-
house gases in the United States would result in 
substantial impacts to major sectors of the economy 
of the United States and interstate commerce and 
should therefore be explicitly authorized and pre-
scribed by Congress; 
(5) the consequences of poorly designed Federal 
or State regulation of greenhouse gases— 
(A) are well-documented; and 
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(B) consist of lower economic growth, re-
ductions in new and existing employment, and 
reduced economic competitiveness; and 
(6) substantial policy options, short of regu-
latory authority, exist to spur technology innovation 
to promote energy security and produce cleaner en-
ergy sources. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to ensure that the consequences of ill-suited 
regulations are not imposed on the economy of the 
United States; and 
(2) to allow sufficient time for Congress to de-
velop and authorize an appropriate mechanism to 
address the energy needs of the United States and 
the potential global challenges posed by a changing 
climate. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) GREENHOUSE GAS.—The term ‘‘greenhouse 
gas’’ means any of the following: 
(A) Carbon dioxide. 
(B) Methane. 
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(C) Nitrous oxide. 
(D) Sulfur hexafluoride. 
(E) Any hydrofluorocarbon. 
(F) Any perfluorocarbon. 
(G) Nitrogen trifluoride. 
(H) Any other substance subject to regula-
tion, action, or consideration due to the con-
tribution of the substance to climate change. 
(3) STATIONARY
SOURCE.—The term ‘‘sta-
tionary source’’ has the meaning given the term in 
section 302 of the Clean Air Act (42 U.S.C. 7602). 
SEC. 4. REGULATION OF GREENHOUSE GASES. 
(a) REGULATION, ACTION, AND CONSIDERATION FOR 
EFFECTS OTHER THAN CLIMATE CHANGE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the President or the head of a Federal 
department or agency may not promulgate regula-
tions providing for the control of emissions of a 
greenhouse gas, enforce or implement any law (in-
cluding a regulation) enacted or promulgated as of 
the date of enactment of this Act that provides for 
the control of emissions of a greenhouse gas, take 
action relating to or take into consideration the cli-
mate effects of emissions of a greenhouse gas, con-
sider climate effects in implementing or enforcing 
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any law (including a regulation), or condition or 
deny any approval based on climate effects unless 
the law, regulation, action, or consideration is— 
(A) determined by the President or head of 
a Federal department or agency, as applicable, 
after notice and opportunity for comment, to be 
necessary to protect the public health from im-
minent and substantial harm caused by direct 
human exposure to the relevant greenhouse gas 
in a concentration that is substantially greater 
than current and projected future average con-
centrations of that greenhouse gas in the global 
atmosphere; and 
(B) based solely on effects other than ef-
fects relating to atmospheric concentrations of 
greenhouse gases, including climate change. 
(2) EXCEPTION.—The limitation under para-
graph (1) does not prohibit— 
(A) regulation of, action with respect to, or 
consideration of a greenhouse gas under title VI 
of the Clean Air Act (42 U.S.C. 7671 et seq.) 
other than for the potential or actual effect of 
the greenhouse gas on climate change; or 
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(B) voluntary incentive programs to pro-
mote the development or deployment of tech-
nologies that reduce greenhouse gas emissions. 
(3) EXCLUSIVE
AUTHORITY; CAFE
REGULA-
TIONS; CHALLENGES TO RULES.— 
(A) EXCLUSIVE AUTHORITY.—The author-
ity of the Secretary of Transportation under 
chapter 329 of title 49, United States Code— 
(i) does not include any authority with 
respect to greenhouse gases; and 
(ii) is unaffected by this section. 
(B) 
CAFE 
REGULATIONS.—Notwith-
standing any provision to the contrary in this 
Act, the requirements set forth in the final rule 
entitled ‘‘Light-Duty Vehicle Greenhouse Gas 
Emission Standards and Corporate Average 
Fuel Economy Standards; Final Rule’’ (75 Fed. 
Reg. 25324 (May 7, 2010)), shall remain in ef-
fect without further modification or revision. 
(C) CHALLENGES TO RULES.—Nothing in 
this subsection affects— 
(i) any challenge to the final rule de-
scribed in subparagraph (B) that— 
(I) as of the date of enactment of 
this Act, is pending in court; or 
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(II) is filed after that date of en-
actment; or 
(ii) any pending or future challenge to 
any current or future rules promulgated 
under the authority referred to in subpara-
graph (A). 
(4) CERTAIN PRIOR AGENCY ACTIONS.— 
(A) IN GENERAL.—Except as provided in 
paragraph (3), each rule promulgated and ac-
tion taken by the Administrator before the date 
of enactment of this Act to regulate greenhouse 
gases for effects relating to atmospheric con-
centrations of greenhouse gases (including cli-
mate change), including each rule and action 
referred to in subparagraph (B), shall have no 
force or effect. 
(B) RULES AND ACTIONS.—The rules and 
actions referred to in subparagraph (A) in-
clude— 
(i) the final rule entitled ‘‘Endanger-
ment and Cause or Contribute Findings 
for Greenhouse Gases under section 202(a) 
of the Clean Air Act’’ (74 Fed. Reg. 66496 
(Dec. 15, 2009)); 
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(ii)(I) the memorandum from Stephen 
Johnson, Administrator of the Environ-
mental Protection Agency, to Regional Ad-
ministrators of the Environmental Protec-
tion Agency, with the subject line stating 
‘‘EPA’s Interpretation of Regulations that 
Determine Pollutants Covered by Federal 
Prevention of Significant Deterioration 
(PSD) Permit Program’’ and dated Dec. 
18, 2008; and 
(II) the final action on reconsideration 
of that memorandum entitled ‘‘Reconsider-
ation of the Interpretation of Regulations 
That Determine Pollutants Covered by 
Clean Air Act Permitting Programs’’ (75 
Fed. Reg. 17004 (April 2, 2010)); 
(iii) the final rule entitled ‘‘Prevention 
of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule’’ (75 Fed. 
Reg. 31514 (June 3, 2010)); 
(iv) the final rule entitled ‘‘Action To 
Ensure Authority To Issue Permits Under 
the Prevention of Significant Deterioration 
Program to Sources of Greenhouse Gas 
Emissions: Finding of Substantial Inad-
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equacy and SIP Call’’ (75 Fed. Reg. 
77698 (December 13, 2010)); 
(v) the final rule entitled ‘‘Action To 
Ensure Authority To Issue Permits Under 
the Prevention of Significant Deterioration 
Program to Sources of Greenhouse Gas 
Emissions: Federal Implementation Plan’’ 
(75 Fed. Reg. 82246 (December 30, 
2010)); 
(vi) the interim final rule entitled 
‘‘Determinations 
Concerning 
Need 
for 
Error Correction, Partial Approval and 
Partial Disapproval, and Federal Imple-
mentation Plan Regarding Texas Preven-
tion of Significant Deterioration Program’’ 
(75 Fed. Reg. 82430 (December 30, 
2010)); 
(vii) the final rule entitled ‘‘Limitation 
of Approval of Prevention of Significant 
Deterioration 
Provisions 
Concerning 
Greenhouse Gas Emitting-Sources in State 
Implementation Plans; Final Rule’’ (75 
Fed. Reg. 82536 (December 30, 2010)); 
(viii) the final rule entitled ‘‘Action To 
Ensure Authority To Implement Title V 
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