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2006.09.04

The biggest environmental court case in U.S. history

Under the current political radar, which has focused largely on the Iraq war and the midterm elections, the Supreme Court is about to address the most important environmental case that has ever come before our Judiciary Branch.  It has to do with whether carbon dioxide and other greenhouse gases are pollutants that must be regulated by the EPA.  The Supreme Court will begin hearing arguments in December.

Newsweek's Debra Rosenberg breaks down what is at stake:

What's at stake is whether or not the federal government has theauthority to deal with climate change. Given that climate change is themost pressing environmental issue to face the planet, whether or notthe U.S. government can do anything about it is a damn importantquestion. The court will decide two questions. Does the Clean Air Actgive the Environmental Protection Agency the authority to regulategreenhouse gases? If it gives EPA that authority, can EPA avoidexercising that authority simply because it doesn't want to? Ouranswers to those two questions are yes and no respectively.

Also, at stake is whether the auto industry will be forced by the U.S. government to start backing new green technology.  Gee, it makes you wish that Al Gore had been President -- then instead of Roberts and Alito, he would have nominated two pro-environment Supreme Court justices.

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