trickybeck wrote:
Haha. I think gbaji is actually afraid that the EPA is going to try to reduce CO2 levels to zero.
No. I'm bothered by the fact that the court made a ruling based on the assumption that they should...
Ok. Let me go
really slow:
The EPA defines "air pollutants" as any chemical that is "in the air", and which can be shown to cause harm.
The laws governing the EPA require that it requlate the levels of any known "air pollutants".
The court ruled that CO2 meets the definition of an "air pollutant", and thus the EPA is responisble for regulating its level and thus the EPA can be sued for *not* regulating it.
The problem: By that use of the definition of air pollutant, *everything* is a polllutant. Even oxygen for example. By extention, all other areas in which pollution is defined (like water pollutants) would include things like for example H20 (by the "dihydrogen oxide" joke, that can be shown to "cause harm", just as much as CO2 can).
It effectively sets an impossible standard to meet. While the court does not demand a reduction to zero, the precident set is that the EPA could be sued if it does not. Afterall, who decides what the "right" level of CO2 in the atmosphere is? No one knows. There are too many factors. While you can get a lot of scientists to conclude that there might be too much right now, and that this likely is causing some of the warming (a degree or so of it), no one could tell you what the "right" amount is. That's because the "right amount" varies based on hundreds of other climate factors that are well outside the scope of the case in question.
Thus, any plaintiff can simply charge that the EPA didn't reduce CO2 levels "low enough", and meet the standard allowed in this case.
It's a ridiculous ruling.