The Forgotten History of Climate Change: How the Clean Air Act Was Designed to Address a Warming World
The recent string of Supreme Court decisions on climate change has sparked a wave of debate, with many arguing that the court is rewriting history to justify limiting the Environmental Protection Agency’s (EPA) authority to tackle the climate crisis. A central point of contention in these debates revolves around the Clean Air Act of 1970 and the extent to which Congress intended the law to encompass the regulation of greenhouse gas emissions.
For decades, the narrative surrounding the Clean Air Act has been that environmental concerns in the 1970s revolved primarily around smog and other local air pollutants, with the issue of climate change being a relatively recent discovery. This, however, appears to be a distorted picture of the past. Recent research by historian of science Naomi Oreskes and her colleagues has unearthed a trove of historical documents that demonstrate the deep understanding and concern for climate change that existed among scientists, policymakers, and the public as early as the 1950s and 1960s, long before the Clean Air Act was passed. This forgotten history challenges the prevailing narrative and strengthens the legal arguments for the EPA’s authority to regulate greenhouse gases.
A Universe of Discussions:
Oreskes, along with colleagues at Harvard and Duke University, undertook a deep dive into archival material, uncovering a wealth of forgotten evidence. They found compelling evidence that discussions regarding the impact of carbon dioxide (CO2) on climate were widespread, including:
- Scientific Research: Scientists were already grappling with the link between CO2 emissions and global warming in the late 19th century. By the mid-20th century, scientific publications were warning of the potential consequences of unchecked CO2 emissions.
- Congressional Hearings: Oreskes found over 100 instances of congressional hearings held prior to the Clean Air Act that discussed CO2 and the greenhouse effect. These hearings focused on the potential for CO2 to have significant economic impacts on energy production, transportation, and beyond.
- Executive Branch Reports: The National Science Foundation, in a 1965 report, cautioned that human activities were altering the planet’s climate.
- Public Discourse: Popular media outlets, such as Sports Illustrated and The Merv Griffin Show, were already discussing climate change and its potential consequences in the late 1960s. A 1958 children’s film, The Unchained Goddess, vividly illustrated the dangers of rising sea levels due to climate change.
Beyond Smog: A Deeper Understanding of the Clean Air Act
Oreskes’ research particularly focuses on the papers of Edmund Muskie, a Democratic senator from Maine who played a key role in drafting the Clean Air Act. The documents reveal that Muskie was intensely engaged in conversations about climate change with scientists and his staff meticulously followed media coverage of the topic. In 1970, Muskie warned his fellow senators that unchecked air pollution would "threaten irreversible atmospheric and climatic changes." This statement, alongside the broader discussions happening at the time, directly contradicts the argument that Congress was unaware of the connections between air pollution and climate change when drafting the Clean Air Act.
The "Major Questions Doctrine" and Historical Context
The Supreme Court’s recent "major questions doctrine" has become a significant obstacle to environmental regulations. This doctrine requires an unambiguous statement from Congress for any regulation with significant economic or political implications. However, Oreskes’ research throws this argument into question. The record suggests that Congress was in fact fully aware of the economic and political implications of regulating CO2 and climate change. This understanding, coupled with the scientific warnings of the time, calls into question the legitimacy of the "major questions doctrine" being used to hamstring the EPA.
The Enduring Legacy of the "Lost History"
While Oreskes acknowledges that the Supreme Court might not take this newly uncovered history into account, she believes that the research strengthens the arguments for legal action to protect the environment. The "lost history" serves as a powerful reminder that the need to address climate change was recognized decades ago and that the Clean Air Act was designed to address this evolving threat.
A Call for a Reassessment of Historical Understanding:
The forgotten history of climate change highlights a larger issue: how readily we accept, and even perpetuate, distorted narratives about the past. In the case of the Clean Air Act, this distorted narrative has served to weaken efforts to combat climate change by undermining the legal basis for effective environmental regulations. Oreskes’ research provides a timely reminder of the importance of a thorough historical examination, especially in matters of public importance and policy. It calls for greater vigilance against historical amnesia and a deeper understanding of the past as we grapple with the challenges of the present and the future.
The need to reexamine our understanding of the Clean Air Act and the historical context surrounding its passage is not just about climate change; it’s about ensuring accurate historical understanding, holding policymakers accountable, and building a more informed response to the urgent challenge of climate change. This research serves as a powerful call to action for legal scholars, policymakers, and citizens alike to actively seek out the "lost history" that shapes our present and influences our future.
