Preserving Climate Action Tools with the Stop Corporate Capture Act (H.R. 1507)

March 7, 2024 | Download PDF

Regulations are one of our most important and useful mechanisms for addressing climate change. From setting vehicle emissions standards to issuing guidance on clean energy tax credits, agencies ultimately craft the tools we need to enact successful climate action after they become law. As agencies now begin the monumental task of issuing guidance on the $369 billion of provisions included for climate and clean energy in the IRA, the need for a functional rulemaking process becomes clear. A healthy regulatory system must reflect sound science and robust public input to ensure effective guidance is put in place.

Regrettably, decades of neglect and underinvestment in the rulemaking process paired with the rise of corporate influence are tilting regulatory action on climate in favor of fossil fuels and big oil. Public interest groups like environmental advocates, and communities on the ground are increasingly underrepresented in the public comment process due to a lack of transparency and the outsized influence of special interest lobbyists peddling sham science. Big oil companies like Exxon, for example, could submit data they’ve funded to agencies that purposefully hides the effects of climate change. Additional delays and bottlenecks prevent timely implementation of new climate and clean energy regulations at the expense of the environment and communities affected by climate change.

The Stop Corporate Capture Act (SCCA) offers a comprehensive blueprint to modernize the rulemaking process and center the voices of climate action advocates in the rulemaking process. The bill would promote public participation and scientific integrity while cracking down on the use of sham science and restricting the influence of big oil by promoting transparency and empowering agencies. Importantly, it would also codify Chevron deference, preserving the EPA’s ability to interpret and implement necessary climate change mitigation measures with things like lowering carbon emissions from the transportation and electricity sectors.

SCCA would promote scientific integrity and crack down on corporate influence

Corporations disproportionately dominate the public comment process during new rulemakings, often using flawed and financially influenced studies and reports. SCCA would require disclosure of funding sources for all studies and reports provided in public comments and impose heightened disclosure requirements for studies that have been peer-reviewed. SCCA would also impose civil penalties on corporations that deliberately use false information to influence regulators during the rulemaking process.

SCCA would increase transparency and accountability in the rulemaking process while promoting social justice

SCCA would require improved documentation of any changes made to draft rules after they are submitted to OIRA, including clear attribution of the source of those changes. Additionally, SCCA would establish an Office of the Public Advocate to promote public awareness of new rulemakings. This office would be tasked with researching and assessing the social equity impacts of the rulemaking process.

SCCA would codify Chevron deference and empower agencies

Forty years ago, the Supreme Court in Chevron mandated that the judicial branch defer to expert agencies’ statutory interpretation when Congress’ intent is not clear. Because the conservative majority on the Supreme Court is threatening to take that power away from agency officials who are responsive to the public and give it to unelected judges, SCCA would prevent that judicial power grab and center subject matter expertise in cases involving regulations, limiting the potential for political beliefs to influence the outcome of such cases.

For additional information, contact Rachel Weintraub at rweintraub@sensiblesafeguards.org and visit the Coalition for Sensible Safeguards’ page on the Stop Corporate Capture Act: https://sensiblesafeguards.org/issues/scca