Eh, take it up with the SCOTUS, WaPo, I’m sure they’ll agree with you.
Already a done deal. The Hon. Justice Kennedy, remarkably enough, joined the progressives to find that the EPA has broad powers to regulate carbon dioxide under the Clean Air Act, even though carbon dioxide is not a pollutant. Justice Kennedy, the gift that keeps giving.
The article is published in WaPo, but it was written by Michael Gerson, who was a speech writer for George Bush.
As for SCOTUS, they have all ready handed down three important decisions on CO2:
Massachusetts v EPA(2007)
AEP v Connecticut(2011)
Utility Air Regulatory Group v EPA(2014)
In August, EPA will issue their final rule on Obama's Clean Power Plan and there will be lawsuits filed over that, which will have to ultimately be ruled on by SCOTUS.
In the 2007 decision(5-4), SCOTUS ruled that CO2 was a pollutant, and if EPA found CO2 to be a threat to the US(endangerment finding), then EPA should regulate CO2 with the Clean Air Act.