R
Rob Dekker
Guest
"nurk" <nurk@nurk.com> wrote in message news:6guibvFhnf7kU1@mid.individual.net...
The Court had no problem determining that man-made greenhouse gas emissions were pollutants, because the Clean Air Act AND Global
Climate Protection Act had already determined that (albeit implicitly). The Supreme Court put these two together and clarified that
they clearly are air pollutants.
They did not even have to add an opinion to conclude that.
Since greenhouse gasses are clearly air pollutants under the Clean Air Act (see above), that question was easily answered : They do
have the authority.
But it got even better : The second question question was if the EPA should act on their authority or not.
That one was deliberated in the ruling (link below), and the Court finds that at least for emissions from new vehicles that the EPA
has an OBLIGATION to act under the Clean Air Act. The Court did not enforce such an obligation for other forms of (man-made) CO2
emissions. Yet.
It gave the EPA one way out (of not acting) : Form a scientific judgement showing that greenhouse gas emissions and climate change
are NOT related.
Read the whole thing here again :
http://www.law.cornell.edu/supct/pdf/05-1120P.ZO
Couple of interesting quotes :
Page 3: "Finding that .manmade pollution.the release of carbon dioxide, chlorofluorocarbons, methane, and other trace gases into the
atmosphere.may be producing a long-term and substantial increase in the average tem-perature on Earth,"
Page 30 : "Because greenhouse gases fit well within the Clean Air Act's capacious definition of 'air pollutant', ......"
Page 31 : "EPA has refused to comply with this clear statutory command. Instead, it has offered a laundry list of reasons not to
regulate."
Page 4: "Congress emphasized that .ongoing pollution and deforestation may be contributing now to an irreversible process. and that
[n]ecessary actions must be identified and implemented in time to protect the climate.."
Congress would have to reverse that statement before EPA responsibility could be changed.
There is a big difference.
Yes it did. And re-emphesized it :Rob Dekker <rob@verific.com> wrote
nurk <nurk@nurk.com> wrote
Rob Dekker <rob@verific.com> wrote
Eeyore <rabbitsfriendsandrelations@hotmail.com> wrote
Rob Dekker wrote
John Larkin wrote
CO2 is not a pollutant.
That's not what the supreme court says :
http://www.dieselnet.com/news/2007/04epa.php
Then they're BARKING MAD.
That's one possible explanation.
I have another one :
No you dont.
Yes I do. It's right here :
Nope, it isnt.
They looked at the presented evidence very carefully, and very thoroughly and after considerable analysis and looking at the
facts came to the conclusion that the evidence showed 'beyond reasonable doubt'
No they didnt. Thats the CRIMINAL test, not the civil test.
Picky with words ?
Pathetic excuse for bullshit in your case.
that CO2 emissions case harm to the planet, our economy and ultimately our health as well.
The Supreme Court didnt even do that. They ACTUALLY found that the EPA
does have the legal say on CO2 emissions from cars, a different matter entirely.
You can make the same stupid claim about water too.
Not unless the water is created by human activity.
Wrong again. The legislation that the Supremes ruled on doesnt just cover human activity.
Which makes it a pollutant.
Pity about water.
Not unless the water is created by human activity.
Wrong again. The legislation that the Supremes ruled on doesnt just cover human activity.
For behavior of the US Supreme Court, which explanation is most probably to be right ?
It aint a binary choice.
It kind of is :
Nope.
Human induced CO2 emissions are a pollutant or not.
That aint what the supremes ruled on.
The Court had no problem determining that man-made greenhouse gas emissions were pollutants, because the Clean Air Act AND Global
Climate Protection Act had already determined that (albeit implicitly). The Supreme Court put these two together and clarified that
they clearly are air pollutants.
They did not even have to add an opinion to conclude that.
That was just the first question : if the EPA has the authority to regulate man-made CO2 emissions.You can talk until the cows come home, but your opinion in this is rather irrelevant : The Supreme Court made a decision that it
is (a pollutant).
No it didnt. It actually made a decision that the EPA does have the legislative
authority to deal with CO2 when it comes from some sources, but not with others.
Since greenhouse gasses are clearly air pollutants under the Clean Air Act (see above), that question was easily answered : They do
have the authority.
But it got even better : The second question question was if the EPA should act on their authority or not.
That one was deliberated in the ruling (link below), and the Court finds that at least for emissions from new vehicles that the EPA
has an OBLIGATION to act under the Clean Air Act. The Court did not enforce such an obligation for other forms of (man-made) CO2
emissions. Yet.
It gave the EPA one way out (of not acting) : Form a scientific judgement showing that greenhouse gas emissions and climate change
are NOT related.
Read the whole thing here again :
http://www.law.cornell.edu/supct/pdf/05-1120P.ZO
Couple of interesting quotes :
Page 3: "Finding that .manmade pollution.the release of carbon dioxide, chlorofluorocarbons, methane, and other trace gases into the
atmosphere.may be producing a long-term and substantial increase in the average tem-perature on Earth,"
Page 30 : "Because greenhouse gases fit well within the Clean Air Act's capacious definition of 'air pollutant', ......"
Page 31 : "EPA has refused to comply with this clear statutory command. Instead, it has offered a laundry list of reasons not to
regulate."
Right. The story is not over yet. There will surely be more legal action if the EPA fails to act on greenhouse gas emissions.End of story,
Nope, nothing like the actual story.
Unlikely.unless they overturn the decision.
And that too. The Congress can change the EPA legislation if it wants to too.
Page 4: "Congress emphasized that .ongoing pollution and deforestation may be contributing now to an irreversible process. and that
[n]ecessary actions must be identified and implemented in time to protect the climate.."
Congress would have to reverse that statement before EPA responsibility could be changed.
It will as soon as someone presents them with a case.Could it possibly be that they studied the matter better than you did ?
They obviously didnt when they would have come to the same conclusion about water.
Once our human induced water emissions end up increasing the water quantity on the planet by more than 50% I'm sure the Supreme
Court will look at the impact of that,
Your surety is completely irrelevant. Thats nothing like the Supreme Court's role.
They did. See above.and determine if these human-induced water emissions are damaging to the planet and our heath and need to be regulated.
The Supreme Court didnt even do that with CO2.
Not just 'allow the EPA', but 'force the EPA' is what they decided.ALL they actually did was rule that the current EPA legislation allows the EPA to deal with SOME CO2 sources.
A different matter entirely.
There is a big difference.
Meanwhile, you are free to appeal the Supreme Court decision with the 'water' argument.
Not even possible, it isnt something that the Supreme Court gets any say what so ever on.
Good luck with it.
Dont need any luck, just an understanding of the Supreme Court's role.
Its nothing like what you claim it is.