The Environmental Protection Agency said it will move forward trying to regulate CO2 and other greenhouse gases under the Clean Air Act.
It didn’t take long for the “what’s next?” question to be answered: a lawsuit by the Competitive Enterprise Institute:
CEI announced that it will file suit in federal court to overturn the endangerment finding on the grounds that EPA has ignored major scientific issues, including those raised recently in the Climategate fraud scandal.
“EPA is clinging for dear life to the notion that the global climate models are holding up,” said Sam Kazman, CEI General Counsel. “In reality, those models are about to sink under the growing weight of evidence that they are fabrications.”
“Today’s decision by EPA will trigger costly and time-consuming permitting requirements for tens of thousands of previously unregulated small businesses under the Clean Air Act,” said Marlo Lewis, CEI Senior Fellow. “A more potent Anti-Stimulus Package would be hard to imagine.
“The sensible solution,” said Lewis, “would be for Congress to pass legislation, such as that proposed by Rep. Marsha Blackburn of Tennessee that would pre-empt the EPA from regulating carbon dioxide and other greenhouse gas emissions.”
I’m not so sure if this route will be the most succesful in court. It seems more likely refiners or power plant operators will sue to block the EPA’s efforts on different grounds. It’s not as though the University of East Anglia was the only group creating climate change models.
New York University’s School of Law has a nice summary from earlier this year on EPA’s obligations under the court decision that essentially said they needed to look at CO2 as a pollutant.