Congress also amended the Clean Air Act in 1990, stating that the United States’ domestic approach to global climate change is “to develop, evaluate and demonstrate nonregulatory strategies and technologies for air pollution prevention.” 42 U.S.C. § 7403(g) (emphasis added). Congress stated that “[n]othing in this subsection shall be construed to authorize the imposition on any person of air pollution control requirements.”

And the 1990 amendments to that Act require EPA “to develop, evaluate, and demonstrate nonregulatory strategies and technologies for air pollution prevention” addressing carbon dioxide. 42 U.S.C. § 7403(g). More recently, the Energy Policy Act of 2005 called for a “national strategy to promote the deployment and commercialization” of technologies to reduce greenhouse gas intensity.