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Supreme Court Skeptical About Climate Suit

Justices likely to throw out case brought by states against power plants

By Matt Cantor,  Newser Staff

Posted Apr 19, 2011 5:27 PM CDT

(Newser) – The Supreme Court looks like it will throw out a major environmental case against coal-fired power plants, reports the Los Angeles Times. The US solicitor general and several justices held that such matters fall under the jurisdiction of the Environmental Protection Agency, and shouldn’t be decided by judges. The high court ruled 4 years ago that the EPA had the power to regulate greenhouse gases, but that didn’t stop six states from pushing the case, which called the plants’ pollution a “public nuisance.”

A judge can’t be “a super EPA,” said Justice Ruth Bader Ginsburg. And with “billions of emitters” of carbon and “billions of potential victims,” legal principle can’t be the deciding factor, said Solicitor General Neal Katyal. But New York’s solicitor general said a “promise” of EPA regulation wasn’t grounds for “closing the courthouse door” on the case, headed up by her state as well as Connecticut and California. No judge appeared to agree with her, notes Bloomberg. A decision is expected in June.

Ruth Bader Ginsburg said a judge couldn't be a super EPA.
Ruth Bader Ginsburg said a judge couldn't be a "super EPA."   (Getty Images)
A 2009 file photo of a coal power plant in Kansas.
A 2009 file photo of a coal power plant in Kansas.   (AP Photo/Charlie Riedel, File)
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COMMENTS
Showing 2 of 12 comments
sandmannc40
Apr 20, 2011 6:34 AM CDT
They just lie or get false data and all their troubles are solved. It has happened before and will happen again.
farrahsmiles
Apr 19, 2011 5:42 PM CDT
Climate change IS real. Has been for billions of years. Heard of the Ice Age? Man didn't cause it. And when the ice retreated? Not our fault either. And after we are all long gone? Yep, climate will still change. Sometimes fast, sometimes slow. The fact that we are here now, and the climate is STILL changing, does not make it our doing. Since there is no way to prove that what is happening AT THIS TIME wouldn't be happening if man were not here, you can't blame us. Computer models are flawed, the science is inexact, and there are political motivations that have tainted the results. Please, open your eyes to the TRUE science of natural, cyclical climate change. And, adapt accordingly to survive.
US • Science

 
Ruth Bader Ginsburg • Environmental Protection Agency • solicitor general • US Supreme Court • EPA • Obama administration • Neal Katyal

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