- Sen. Mike Lee introduced the Fair Air Enforcement Act to prohibit private citizens from suing over Clean Air Act violations, limiting enforcement to state governments.
- The bill aims to curb what Lee calls “lawfare by climate extremists,” arguing environmental lawsuits unfairly target individuals and small businesses.
- Supporters say the act would streamline enforcement and reduce costly, politically motivated lawsuits against businesses and state agencies.
Sen. Mike Lee, R-Utah, introduced the Fair Air Enforcement Act on Thursday with a goal to “protect Americans from lawfare by climate extremists.”
The act would amend Section 304 of the 1970 Clean Air Act (CAA), regarding citizen suits. It would require lawsuits over CAA violations to be brought by state governments, effectively eliminating private citizen enforcement.
“Climate extremists are weaponizing our judicial system against Americans and their small businesses,” Lee said, per a press release. “It’s time for this to stop. Americans deserve the freedom to do as they please with their own property without fearing crushing regulations.”
He continued, “The Fair Air Enforcement Act will prevent partisan political groups from abusing the legal process to drag private citizens and industries through frivolous lawsuits.”
What private citizens have been suing regulators?
In a newsletter, the National Environmental Law Center explained, its central mission since its inception in 1990 has been to pursue environmental citizen suits.
“NELC has brought over 100 enforcement cases on behalf of citizen groups, and secured more than $200 million in court-ordered penalties and pollution reduction measures,” the Boston-based nonprofit said.
Congress amended the Clean Air Act to allow citizen suits out of fear that “state and federal government agencies would not fully implement or enforce the nation’s environmental laws.”
They continued, “Congress included citizen enforcement provisions to supplement agency efforts and keep regulators honest.”
What is the Clean Air Act?
The Clean Air Act regulates air emissions and authorizes the Environmental Protection Agency to set National Ambient Air Quality Standards, or NAAQS.
Pollutants regulated by the NAAQS include ozone, lead, carbon monoxide, sulfur dioxide, nitrogen dioxide and particulate matter.
The act also regulates greenhouse gas emissions, including carbon dioxide, nitrous oxide, methane and hydrofluorocarbons.
An example of Clean Air Act regulation, made effective in January, 2016, restricts new gas power plants from emitting more than 1,000 pounds of carbon dioxide, per megawatt hour of electricity produced, per the Natural Resources Defense Council