The case about global warming scheduled to be argued on Tuesday before the Supreme Court is a blockbuster. Eight states — from California to New York, plus New York City — sued six corporations responsible for one-fourth of the American electric power industry’s emissions of carbon dioxide.
Rather than seeking money or punishment for the defendants, they seek what everyone should agree is the polluters’ responsibility: abatement of their huge, harmful part in causing climate change. The purpose is not to solve global warming or usurp the government’s role in doing so. It is, rightly, to get major utilities to curb their greenhouse-gas emissions before the government acts.
Because there is no federal regulation of this problem in force, it is fortunate that there is a line of Supreme Court precedents back to 1901 on which the plaintiffs can build their challenge. When this lawsuit began seven years ago, one of the defendants’ main defenses was that, because the Clean Air Act and other laws “address” carbon dioxide emissions, Congress has “legislated on the subject” and pre-empted the suit. The pre-emption claim was spurious when they made it and remains spurious now.
Seven years ago, neither Congress nor the Bush administration showed interest in pushing comprehensive laws or rules to curb these gases. Since then, the Environmental Protection Agency has found that greenhouse gases endanger public health as “the primary driver” of climate change and has regulated vehicle emissions.
But the electric power industry is working to scuttle this regulation, with the help of the Republican-controlled House. In court, the industry pushes for letting the E.P.A. regulate. On Capitol Hill, it tries to torpedo that authority.
http://www.nytimes.com/2011/04/19/opinion/19tue1.html?scp=4&sq=global%20warming&st=cse
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