Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

New climate change case headed to Supreme Court
Associated Press ^ | April 17, 2011 | Mark Sherman

Posted on 04/17/2011 9:40:08 PM PDT by Rabin

The court is taking up a climate change case for the second time in four years. In 2007, the court declared that carbon dioxide and other greenhouse gases are air pollutants under the Clean Air Act.

By a 5-4 vote, the justices said the EPA has the authority to regulate those emissions...

Global warming, by its very name, suggests a more complex problem.

(Excerpt) Read more at boston.com ...


TOPICS: Business/Economy; Culture/Society; Government
KEYWORDS: climatechange; supremecourt
"Global warming", = RICO. Rab thinks not so complicated.

We shall see how the court finds, the blow back will be huge either way

1 posted on 04/17/2011 9:40:17 PM PDT by Rabin
[ Post Reply | Private Reply | View Replies]

To: Rabin

One of the worst decisions by the court in recent years.


2 posted on 04/17/2011 9:48:26 PM PDT by headstamp 2 (We live two lives, the life we learn and the life we live with after that.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: headstamp 2

Neck and neck with Kelo.


3 posted on 04/17/2011 9:53:17 PM PDT by Tex-Con-Man
[ Post Reply | Private Reply | To 2 | View Replies]

To: headstamp 2

I agree. It was a terrible decision.

This case is different however. Regardless of your position on climate change, the states and environmental organizations do not have standing. If they are granted standing, every organization and state should have standing on any federal legislation.


4 posted on 04/17/2011 10:03:36 PM PDT by businessprofessor
[ Post Reply | Private Reply | To 2 | View Replies]

To: Rabin

Big green chasing after big green.


5 posted on 04/17/2011 10:44:03 PM PDT by AndyTheBear
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rabin
Carbon dioxide -- a gas that accounts for a minuscule percentage of the atmosphere, yet nourishes every green plant on the planet -- is an air pollutant. Riiiight.

Law school, legal practice, and years on various judicial benches clearly work to erase any recollection of that classic gradeschool textbook diagram: Sunlight + CO2 + plants = food for everyone.

6 posted on 04/17/2011 10:58:57 PM PDT by Tenniel2 (Ignore politics and you'll end up being governed by your inferiors. -- Plato)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rabin; Thunder90; rdl6989; marvlus; Fractal Trader; Whenifhow; grey_whiskers; proud_yank; ...
 


Beam me to Planet Gore !

7 posted on 04/18/2011 3:49:15 AM PDT by steelyourfaith (If it's "green" ... it's crap.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tex-Con-Man

The court has time for these fairy tales,,but when it comes to 0’b and his healthcare scam they are aiding and abeting treason.


8 posted on 04/18/2011 3:56:18 AM PDT by Waco (From Seward to Sara)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Rabin

...and STILL no word on this case

http://www.climategate.com/worlds-biggest-coal-company-brings-us-government-to-court-in-climate-fraud


9 posted on 04/18/2011 5:15:06 AM PDT by Roccus
[ Post Reply | Private Reply | To 1 | View Replies]

To: Roccus
You pull out case, one planetiff, when in fact there are numerous cases and many, many plantiffs. The Peabody case deals only with the endangerment finding while there are other issues as well, such as the mobile sources versus stationary sources and the issue of the "tailoring rule"

As for there being "no word on this case", there have been words or developments on all the cases.

In December, numerous attempts were made by various claimants/cases to enjoin EPA from implementing until all the lawsuits played out in the courts. Texas made two attempts, at the DC court of appeals and at the 5th circuit. They all failed.

And most recently, in the Senate, there were the four amendments to the small business legislation that would block, delay, or in some way modify EPA's effort to regulate CO2. They all failed.

Because they all failed the GOP was then forced to drop the EPA policy rider from the budget negotiations.

The underlying problem with the Peabody case is that SCOTUS used the same sources in their 2007 ruling that EPA used in their endangerment findings. If the sources are credible in the eyes of SCOTUS, then they would also be credible to the EPA.

As they have said since 2009, the most likely law suit to be won to stop EPA will be on the tailoring rule. Does EPA have the legal authority to tailor aka change the regulatory threshold for CO2, or does only Congress have that authority.

10 posted on 04/18/2011 5:55:21 AM PDT by Ben Ficklin
[ Post Reply | Private Reply | To 9 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson