Monday, April 02, 2007

Supreme Court saves the world from global warming

The Supreme Court ruled today in a 5-4 decision written by Nixon appointee Justice John Paul Stevens that the Environmental Protection Administration does have the authority to regulate carbon dioxide emissions.
First, the majority brushed aside the Bush administration’s assertion that the Clean Air Act does not treat carbon dioxide and other heat-trapping gases as “pollutants,” and thus does not give the E.P.A. the authority to regulate them.

Secondly, the five justices declared that contrary to the administration, Massachusetts and the other dozen or so states and other plaintiffs that sued the E.P.A. do indeed have legal standing to pursue their suit. In order to establish standing, a federal court plaintiff must show that there is an injury that can be traced to the defendant’s behavior, and that the injury will be relieved by the action the lawsuit seeks.

The majority depended upon the swing vote of Justice Anthony Kennedy, with Chief Justice John Roberts, Samuel Alito, Antonin Scalia and Clarence Thomas all agreeing with the losing federal government's position.

Did anyone see last night's Discovery Channel's Planet Earth episode on "Ice Worlds" last night?

Al Gore is right.

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