Court Kicks Congress to Cap Carbon

In a landmark ruling, The Supreme Court has stated that carbon dioxide and other green house gases are classified as a pollutant under the Clean Air Act and the EPA already has regulatory authority. The ruling puts pressure on Congress to place a cap on carbon emissions in order to reduce CO2 by 80 percent from current levels by 2050.

According to Environmental Defense, one of the suit’s petitioners, the suit addressed three key questions:

- Do the states, cities, island territory, and health and environmental organizations have "standing" to challenge EPA's decision not to regulate global warming pollution from motor vehicle tailpipes?
- Does EPA have the authority to regulate global warming pollution under the Clean Air Act?
- And if EPA does have that authority, does it have the right to refuse to regulate such emissions based on political or other considerations unrelated to the endangerment to human health and welfare?

The following statement is from Earthjustice attorney Howard Fox, on behalf of the Sierra Club, another petitioner in the suit:

"Today is a great day for the environment. In one of the most important environmental cases of its history, the Supreme Court has reaffirmed what we have been saying all along: The Clean Air Act gives EPA authority to fight global warming. The EPA must act immediately and issue regulations that limit greenhouse gases from motor vehicles that contribute to global warming.

"While this case has worked its way through EPA and the courts, scientific evidence of global warming has continued to mount -- so much so that the scientific debate is over. Our climate is warming, and pollution from human activities is a major cause. Harms include rising seas that submerge coastal lands, stronger hurricanes, more drought, melting ice caps and degraded ecosystems.

"To combat this most urgent environmental crisis, strong and comprehensive U.S. action is crucial. EPA must use its existing Clean Air Act authority to require control of greenhouse gas emissions -- by motor vehicles (the subject of this case) as well as by other sources like power plants. The Act has successfully cut emissions of many pollutants, and it can do the same for greenhouse gases.

"Congress should both hold EPA's feet to the fire and enact a national emissions cap that requires steep reductions in greenhouse gas emissions, and must also significantly tighten fuel economy standards for motor vehicles. Scientists have determined that to avoid the worst impacts of global warming we must cut greenhouse gas emissions by 80% by 2050."

The EPA had previously argued that it did not have the power to regulate GHG emissions under the Clean Air Act. The Court disagreed and overruled this position by a 5 to 4 margin.

See the Source:
Earthjustice
Environemental Defense