ARTICLE
7 February 2024

One More Problem With The Climate Superfund Act

FH
Foley Hoag LLP

Contributor

Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
While the Act certainly looks much like a tax, I failed to point out that the Act omits what is typically the biggest selling point of a carbon tax – its impact on prices and consumption behavior.
United States Environment
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In my discussion yesterday of the shortcomings of the Climate Superfund Act, I actually ignored arguably its biggest flaw.

While the Act certainly looks much like a tax, I failed to point out that the Act omits what is typically the biggest selling point of a carbon tax – its impact on prices and consumption behavior. Putting a tax on the future consumption of fossil fuels raises their price and decreases consumption. However, the Climate Superfund Act taxes production that's already occurred. It thus fails to send the price signal necessary to decrease fossil fuel consumption going forward.

It appears that lawmakers are still wary of trying to get consumers to recognize the social cost carbon in their own purchasing decisions.

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ARTICLE
7 February 2024

One More Problem With The Climate Superfund Act

United States Environment

Contributor

Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
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