Sylvie Willis
Fossil fuels have been a major energy source for much of the world's history, with coal, oil, and natural gas being the most commonly used sources. However, the consumption of fossil fuels has come under increasing scrutiny due to its environmental impact and contribution to climate change. As a result, governments and regulatory bodies have implemented various laws and policies to reduce fossil fuel consumption and transition to renewable energy sources. This includes legislation to cut emissions from coal power plants, proposals to limit carbon dioxide emissions from new fossil fuel-fired power plants, and litigation seeking to hold fossil fuel companies liable for damages caused by climate change. The transition away from fossil fuels is expected to have a significant economic, socio-political, and environmental impact, with renewable energy sources becoming increasingly advocated for and adopted.
| Characteristics | Values |
|---|---|
| Fossil fuel regulations in the United States | Part of the energy policy in the United States |
| Dependence on fossil fuels | Over 80% of the United States' energy comes from fossil fuels |
| Energy Policy Act of 2005 | Provided monetary incentives for renewable energy adoption and addressed climate change |
| Obama administration | Enacted regulations to reduce greenhouse gas emissions from fossil fuel production and use |
| Trump administration | Planned to revive the fossil fuel industry and eliminate Obama's Climate Action Plan |
| Natural Gas Act of 1938 | Allows the Federal Energy Regulatory Commission to regulate interstate pipeline construction and transportation of natural gas |
| Interstate Commerce Act of 1887 | Regulates interstate transportation |
| Energy Policy and Conservation Act of 1975 | Established the Strategic Petroleum Reserve |
| Fossil fuel-fired power plants | The EPA has proposed rules to repeal greenhouse gas emissions standards |
| Fossil fuel companies | Facing litigation from state and local governments for damages caused by climate change |
| Fossil fuel infrastructure | The development of new infrastructure is addressed by the Sabin Center for Climate Change Law |
| Fossil fuel reduction laws | Require buildings to reduce fossil fuel-generated energy consumption compared to similar buildings in FY 2003 |
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What You'll Learn
Fossil fuel regulations in the United States
Fossil fuel regulations are a crucial aspect of energy policy in the United States, especially given the country's significant dependence on fossil fuel-based energy. Over 80% of the nation's energy is derived from fossil fuels, including coal, natural gas, and oil. While the shift towards renewable energy sources has gained momentum, the regulatory landscape surrounding fossil fuels is complex and has been influenced by various administrations.
During the Bush administration, the Energy Policy Act of 2005 was enacted, offering financial incentives for renewable energy adoption and addressing climate change. The Obama administration actively promoted renewable energy and natural gas while implementing regulations aimed at reducing greenhouse gas emissions from fossil fuel production and use. However, these regulations have faced opposition due to concerns about economic costs.
The Trump administration, on the other hand, pursued a different approach. President Trump signed the Energy Independence Executive Order in 2017, reversing the Clean Power Plan initiated by President Obama. This order aimed to revive the coal industry, despite coal-based power plants being the primary source of greenhouse gas emissions. Additionally, Trump's administration repealed Obama's Stream Protection Rule, which could have adverse effects on ecosystems and biodiversity.
The debate around fossil fuel regulation in the United States involves various stakeholders, including state and local governments. Some states have pursued litigation against fossil fuel companies, holding them accountable for damages caused by climate change. The Biden administration has continued to prioritize reducing greenhouse gas emissions, despite challenges from the fossil fuel industry.
While the United States has witnessed a gradual decrease in fossil fuel consumption and an increase in renewable energy sources, fossil fuels still account for the largest segment of the energy mix. Natural gas, in particular, has gained prominence due to its abundance, affordability, and perception as a "'bridge fuel'" towards a renewable energy future. However, the regulatory environment remains dynamic, with the fossil fuel industry facing increasing pressure to address climate issues.
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Fossil fuel consumption and environmental impact
Fossil fuel consumption has seen a sharp increase since the 2000s, with natural gas being the most domestically abundant fossil fuel, especially in the United States. This increase in consumption is due to a rise in population, per capita consumption, and standard of living. Fossil fuels have been a major energy source for much of the United States' history, with over 80% of the country's energy coming from fossil fuels. However, the Obama administration led a nationwide push towards renewable energy sources, resulting in a decline in fossil fuel usage.
The burning of fossil fuels releases carbon dioxide, a greenhouse gas that traps heat in the Earth's atmosphere, leading to global warming and climate change. This has already caused a 1°C increase in average global temperature, with temperatures surpassing the critical 1.5°C milestone in 2024. The consequences of warming above 1.5°C include rising sea levels, extreme weather events, biodiversity loss, species extinction, food scarcity, and worsening health and poverty for millions worldwide. Additionally, the combustion of additives in gasoline produces ultra-fine particles and aromatic hydrocarbons, which are carcinogenic. Fossil fuel pollution is responsible for one in five deaths globally, with 350,000 premature deaths attributed to it in the United States alone in 2018.
The use of fossil fuels also results in significant environmental externalities, such as air pollution and water pollution. Air pollution from fossil fuels includes hazardous pollutants like sulfur dioxide, nitrogen oxides, particulate matter, carbon monoxide, and mercury. This air pollution can cause acid rain, eutrophication, damage to crops and forests, and harm to wildlife. Water pollution is caused by oil spills and fracking fluids, with each fracking well using millions of gallons of water, generating toxic wastewater that contaminates groundwater and drinking water sources.
To address the environmental and health impacts of fossil fuel consumption, various measures have been proposed, including eliminating fossil fuel subsidies, increasing the social cost of carbon (SCC), implementing a federal clean electricity standard, and introducing a carbon price or tax. These initiatives aim to reduce fossil fuel consumption and transition to low-carbon energy sources, such as nuclear and renewables.
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Litigation against fossil fuel companies
The Climate Change Litigation Database, developed by Columbia Law School's Sabin Center for Climate Change Law, has identified over 2,700 cases brought before judicial or administrative bodies. The database includes cases against fossil fuel-producing companies and those involved in the processing, distribution, and use of oil, gas, and coal. The geographic distribution of these cases reflects the legislative frameworks of different countries, the locations of the companies' headquarters, and the resources of claimants. The US has the highest number of cases, with 58%, followed by Europe with 24%.
State attorneys general in the US have filed lawsuits against fossil fuel companies for producing, promoting, and marketing their products while concealing the known hazards of burning fossil fuels. For example, in September 2020, Delaware Attorney General Kathy Jennings filed a lawsuit against multiple oil companies, including Chevron and the American Petroleum Institute, alleging failure to warn, trespass, nuisance, and violation of the Delaware Consumer Fraud Act. Massachusetts has also sued Exxon for misleading investors and consumers about the risks of its products and their impact on climate change.
Other cases include a lawsuit by the City of Annapolis, Maryland, seeking damages from fossil fuel companies for their alleged concealment of information about their products' contribution to climate change. In another case, the state of Hawai'i sued fossil fuel companies, alleging that their misrepresentations and concealment regarding the climate impacts of their products led to climate change harms.
The first constitutional climate lawsuit in the US was filed in June 2024 in Montana by 16 young plaintiffs challenging the state's pro-fossil fuel policies. This marked a new phase in climate litigation, with legal teams preparing for similar trials. Experts believe that advancements in attributing particular climate disasters to specific actors could pave the way for more litigation. For instance, a 2021 Netherlands court ruling ordered Shell to drastically reduce its carbon emissions.
The financial toll of litigation on fossil fuel companies is evident, and the number of cases is rising. With growing recognition of the role of fossil fuel companies in the climate crisis, litigation is becoming an increasingly important tool to hold them accountable and seek redress for affected communities.
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Fossil fuel emissions standards
Regulatory Landscape
Fossil fuel regulations are a significant component of energy policies, particularly in countries with a strong dependence on fossil fuel-based energy, such as the United States. Regulatory processes are established at both the federal and state levels due to the far-reaching economic, socio-political, and environmental consequences of fossil fuel extraction and production.
Greenhouse Gas Emissions Standards
Greenhouse gas emissions standards specifically target the reduction of greenhouse gas emissions from fossil fuel-fired power plants. The U.S. Environmental Protection Agency (EPA) has played a pivotal role in proposing and implementing these standards. The EPA has held virtual public hearings, such as the one on July 8, 2025, to discuss the proposed repeal of the Greenhouse Gas (GHG) Emissions Standards for Fossil Fuel-Fired Electric Generating Units.
Biden-Harris Administration's Efforts
The Biden-Harris Administration has demonstrated a strong commitment to reducing pollution from fossil fuel-fired power plants. They have finalized a suite of standards under the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act. These standards aim to significantly reduce climate, air, water, and land pollution from the power sector, while also improving public health and advancing environmental justice.
Mercury and Air Toxics Standards (MATS)
The Biden-Harris Administration has also strengthened and updated the Mercury and Air Toxics Standards (MATS) for coal-fired power plants. These updated standards tighten the emissions standards for toxic metals by 67% and aim for a 70% reduction in mercury emissions from existing lignite-fired sources.
Vehicle Emissions Standards
EPA has also focused on regulating greenhouse gas emissions from passenger cars and trucks. In 2024, the EPA announced more protective final standards to reduce harmful air pollutant emissions from light-duty and medium-duty vehicles starting with the 2027 model year. These standards build upon previous regulations for model years 2023-2026 and aim to improve public health, reduce climate pollution, and provide economic benefits to drivers.
Natural Gas as a Transition Fuel
Natural gas is often referred to as a "bridge fuel" or a transition fuel between carbon-intensive coal and oil towards a renewable energy future. It is considered the cleanest fossil fuel due to its lower air pollution and carbon dioxide emissions per unit of energy compared to oil or coal. However, the increased use and production of natural gas, along with fracking, have raised environmental and human health concerns.
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The shift from coal to natural gas
Fossil fuel regulations are a significant aspect of energy policy in the United States, where over 80% of the country's energy comes from fossil fuels. Since the Obama administration, there has been a nationwide push to transition from fossil fuels to renewable energy sources, leading to a decline in the use of fossil fuels. This shift is part of a "phasing out" process, gradually reducing the dependence on fossil fuels as a major energy source.
- Stricter emission standards: The implementation of stricter emission standards has encouraged the transition from coal to natural gas, as natural gas-fired plants can meet these standards more effectively.
- Low natural gas prices: The availability of low-cost natural gas, due to factors such as the shale revolution in the United States, has made it a more economically attractive option compared to coal.
- Efficient technology: Advances in natural gas turbine technology have improved the efficiency of natural gas-fired plants, making them a more attractive alternative to coal-fired plants.
- Environmental policies: Federal and state-level environmental policies have promoted the use of natural gas over coal, particularly in the United States and China.
- Existing infrastructure: In some cases, it is possible to utilize existing infrastructure to switch from coal to natural gas, providing a quicker solution for reducing emissions compared to developing new renewable energy sources.
Since 2011, more than 100 coal-fired plants in the United States have been replaced or converted to natural gas. This shift has significantly contributed to the decline in CO2 emissions from the electric power sector. Between 2005 and 2019, the shift from coal to natural gas-fired electricity generation accounted for approximately 532 million metric tons (65%) of the decline in CO2 emissions.
While the shift from coal to natural gas has environmental benefits, it is important to note that natural gas is still a fossil fuel, and its increased use may lead to continued dependence on fossil fuels. Additionally, the natural gas industry has faced controversies and concerns related to environmental and human health risks associated with its production and extraction processes.
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Frequently asked questions
Fossil fuel regulations are part of the energy policy in the United States. Here are some laws and proposed laws regarding fossil fuel consumption:
- In 2015, President Obama and his administration passed legislation to cut emissions from coal power plants and increase dependence on clean energy.
- In 2013, the EPA issued a proposed rule to limit carbon dioxide emissions from new fossil fuel-fired power plants.
- In 2025, the EPA proposed a repeal of the Greenhouse Gas Emissions Standards for Fossil Fuel-Fired Electric Generating Units.
- In 2017 and 2018, state and local governments across the United States sought to hold fossil fuel companies liable for damages caused by climate change through litigation.
Fossil fuel consumption, particularly coal, has significant environmental and health impacts due to the release of greenhouse gases and local air pollution.
Over 80% of the United States' energy comes from fossil fuels. The country's strong dependence on fossil fuels has led to a push for renewable energy sources and the phasing out of fossil fuels to address climate change.
The transition to renewable energy sources faces challenges due to the abundance and affordability of fossil fuels, particularly natural gas, in the United States. Additionally, there is resistance from fossil fuel companies and conflicts of interest within administrations.
