Apr. 2nd, 2007

Global warming is back on the menu!


The majority said the agency (the EPA, eb) must tie its rationale more closely to the Clean Air Act.

"EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change," Stevens said. He was joined by his liberal colleagues, Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter, and the court's swing voter, Justice Anthony Kennedy.

The lawsuit was filed by 12 states and 13 environmental groups that had grown frustrated by the Bush administration's inaction on global warming.

In his dissent, Roberts focused on the issue of standing, whether a party has the right to file a lawsuit.




Even better, the Supreme Court ruled against Duke Energy:

The Supreme Court gave a boost Monday to a federal clean air initiative aimed at forcing utilities to install pollution control equipment on aging coal-fired power plants.

In a unanimous decision, the justices ruled against Duke Energy Corp. in a lawsuit brought by the Clinton administration, part of a massive enforcement effort targeting more than a dozen utilities.

Most companies settled with the government, but several Clinton-era cases involving more than two dozen power plants in the South and the Midwest are still pending. The remaining suits demand fines for past pollution that if levied in full would run into billions of dollars.

The justices ruled that the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, overstepped its authority by implicitly invalidating Environmental Protection Agency regulations in a way that favored Duke. The case now returns to the lower courts.

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