D.C. Appeals Court OKs EPA Rules on Greenhouse Gases
From Reuters By Ayesha Rascoe
WASHINGTON (Reuters) – An appeals court on Tuesday upheld the first-ever U.S. proposed regulations governing heat-trapping greenhouse gases, handing a setback to major industries like coal-burning utilities and a victory to the Obama administration and environmental groups.
The U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled that the EPA’s finding that carbon dioxide is a public danger and setting limits for emissions from cars and light trucks were “neither arbitrary nor capricious.”
In the 82-page ruling, the court also found that the EPA’s interpretation of the Clean Air Act to regulate carbon dioxide regulations is “unambiguously correct.”
The court also said it lacked jurisdiction to review the timing and scope of greenhouse gas rules that affect stationary sources like new coal-burning power plants and other large industrial sources.
The court in February heard arguments brought by state and industry challenging the EPA’s authority to set carbon dioxide limits.
(Additional reporting by Jonathan Stempel, writing by Chris Baltimore; Editing by Gerald E. McCormick)
Full story: http://www.reuters.com/article/2012/06/26/us-usa-co2-ruling-idUSBRE85P10920120626
h/t to reader Jack Simmons
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What is the actual definition of a pollutant, and what are the parameters with which one may be declared?
At what point does CO2 quit being a plant food and become a pollutant? If C02 is a pollutant, why not water? It is a greenhouse gas, and there is 13 times as much in the air as CO2 if it were homogenous in the atmosphere.
pyeatte says:
June 27, 2012 at 9:36 am
If you ask a random person the simple question: “If you could wave a magic wand and remove all CO2 from the air, would you do it?” – they will answer “yes”. I did this with my own daughter and she is a practicing lawyer. She did answer with a little hesitation, sensing a trap, but she still said yes. I think these judges would say the same thing, having no clue that CO2 is a plant food and not a pollutant.
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It is a heck of a lot worse than that.
One could even say that CO2 is magical because along with H2O it is the basis of life on earth.
Jeff says:
June 26, 2012 at 10:47 am
My apologizes to all for confusing District with Supreme Court in original title.
Must have Supreme Court on brain with all the rulings coming out this week.
Jeff Mitchell says:
June 27, 2012 at 2:28 pm
Because water cannot be taxed or controlled.
Given the confused state of enabling legislation, the court rulings are consistent. A few repeals of the stupider statutes, however, will change everything.