The EPA & the courts: The CO2 question

| Monday, June 27, 2011

The U.S. Supreme Court ruled correctly that the Environmental Protection Agency -- not judges -- should lead "greenhouse gas" regulation under the Clean Air Act. But EPA's fallacious classification of carbon dioxide as a pollutant was left unaddressed.

The 8-0 decision rejected a lawsuit that sought to use public-nuisance laws to force utilities to cut CO2 emissions. Justice Sonia Sotomayor, having been on the appellate panel that heard the case, didn't take part.

Given the law, the ruling could not have been otherwise. Justice Ruth Bader Ginsburg wrote for the court: "Congress designated an expert agency here, EPA, as best suited to serve as primary regulator of greenhouse gas emissions. The expert agency is surely better equipped to do the job than individual district judges issuing ad hoc, case-by-case injunctions."

Not at issue was EPA regulating CO2 as a pollutant -- an absurd label for a substance intrinsic to nature and living creatures that stretches the Clean Air Act too far.

The anti-CO2 efforts of the Obama administration's ideologically driven, anti-growth EPA are an end run around congressional rejection of "global warming" legislation premised on junk science.

A case involving that issue can't reach the Supreme Court soon enough.

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