USSC: No, Carbon Is Not In The Statute
The Market Ticker - Commentary on The Capital Markets
2014-06-23 11:15 by Karl Denninger
in Editorial , 168 references Ignore this thread
USSC: No, Carbon Is Not In The Statute
 

That light at the end of the tunnel may be a train, Mr. President.

Under Monday's ruling, EPA can continue to require permits for greenhouse gas emissions for those facilities that already have to obtain permits because they emit other pollutants that EPA has long regulated. But Justice Antonin Scalia, writing for the court's conservatives in the part of the ruling in which the justices split 5-4, said EPA could not require a permit solely on the basis of greenhouse gas emissions. 

Is that a crack in the armor?  Maybe.

Note that the court laid forth the path by which the EPA got where it went; it's breathtaking.  Not only does it make a declarative statement that is unproved (that "greenhouse gases" released by man cause global climate change) it further asserts that regulating them in the context of the United States will bring positive result, since both are necessary for the regulatory structure to make sense and be lawful under the Clean Air Act.

Yet neither has any sort of demonstrated evidence, say much less proof.

Part of the problem is that Congress never defined "air pollutant" to either include or exclude "greenhouse gases."  But to get there you must first demonstrate that CO2 is a pollutant -- that is, it does harm by its presence in the atmosphere.

And if you get there you might have a further problem -- such as, for example, determining that you are a polluter by virtue of walking around.  That could lead to a few uncomfortable terminal places, if you get my drift.

Nonetheless this is an important ruling -- and perhaps -- just perhaps -- the shape of other things to come.

 

Utility Air Regulatory Group .v. EPA

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