Recently, Texas and Wyoming lawmakers introduced bills that would give fossil fuel companies broad legal protection and ease their compliance with the Clean Air Act. Representative Harriet Hageman from Wyoming and Senator Ted Cruz from Texas are leading this initiative. Their proposed legislation aims to protect fossil fuel companies from facing liability for damages linked to climate-related events like storms and wildfires.
Alongside them, Senator Cynthia Lummis and Representative August Pfluger are pushing the FENCES Act, which would allow states to argue that foreign emissions contribute to local pollution. Hageman emphasized the importance of energy security, stating that the legal risks posed to energy producers could harm American drilling efforts.
Supporters of these measures, including fossil fuel lobbyists, have expressed gratitude to Hageman and Cruz for their efforts, naming the Senate bill the “Stop Climate Shakedowns Act.” The FENCES Act has already seen some progress, passing in the House in April.
Interestingly, the American Petroleum Institute, the U.S.’s biggest fossil fuel trade group, has actively lobbied for these bills. However, a spokesperson clarified that the fossil fuel industry did not aid Lummis in drafting the FENCES Act. Other lawmakers involved in these efforts remained silent when asked about industry influence.
Under the Clean Air Act, the EPA regulates harmful pollutants like ozone and regional haze. If counties or states can’t meet these standards, they must submit plans to reduce pollution. While emissions from other countries affect local air quality, Ulla Reeves from the National Parks Conservation Association suggests that focusing solely on foreign emissions distracts from addressing domestic pollution, which is controllable.
Fossil fuel activities, from drilling to refining, contribute significantly to air pollution. Texas leads the U.S. in energy production, with Colorado and Utah close behind. Prolonged exposure to air pollution can harm health significantly. For instance, Brian Moench from Utah Physicians for a Healthy Environment points out that ozone pollution can severely damage lung health, likening it to the effects of smoking.
Moreover, as many as 8,000 stillbirths annually in the U.S. link to air pollution, according to Moench. Recent EPA actions, like downgrading air quality infractions in Utah, raise concerns. Moench argues that the origin of pollutants does not change their health impact, emphasizing the importance of maintaining strict air quality standards.
In Colorado, air pollution has plagued residents for years, despite some efforts for improvement. Andrew Klooster of Earthworks notes that addressing pollution is not just a health issue but also an equity concern for outdoor enthusiasts. Texas faces similar health risks, with legislation like the FENCES Act possibly worsening the problem. Cyrus Reed from the Sierra Club warns that it could lead to increased health issues and healthcare costs for Texas residents.
Some view the push for these bills as an attempt to undermine climate science. Kathy Mulvey from the Union of Concerned Scientists notes that climate attribution research is vital in understanding the effects of emissions. This year’s severe drought and record-low snowpack in the Colorado River Basin highlight the urgent need for effective climate action.
Local advocates are concerned that these bills prioritize fossil fuel companies over citizen health and safety. Emma Jones from the Sierra Club’s Wyoming chapter expresses frustration over lawmakers giving favorable treatment to industries that have historically harmed local communities.
Both Hageman and Cruz’s bills are now in committee, with the FENCES Act awaiting further discussion in the Senate. Critics worry that these actions could set a dangerous precedent, hindering efforts to combat climate change and protect public health.
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Clean Air Act,Coal,Congress,Environmental Justice,fossil fuel industry,oil and gas industry,Wyoming

