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It's just not rocket science. The logic used by the court in this case (and I use the term "logic" losely) is that since CO2 is a chemical and it is present in the air, and it can be shown to be harmful under some conditions (depending on how much of it is present), that it is an "air pollutant" as defined in the EPA and therefore the EPA is responsible for regulating it.
What I've been trying to point out (and no Smash, apparently not everyone gets it) is that this same logic can be used without any alteration to define any and all chemicals that are present in the atmosphere as "air pollutants". Every single one. That includes Oxygen and Nitrogen. Because if either of those were present in the air in too great or too little quanity, they would also cause harm, right? There's absolutely no difference (except that CO2 levels are currently the subject of a major political debate).
Gjabi, you are saying this is absurd, and we are saying that this is exactly right.
In the "wrong" concentration (even at normal sea-level air-pressure), oxygen, or nitrogen, or CO2 are deadly poisons, or can be considered pollutants under any reasonable definition of the word "pollutant".
I don't remember the figures, we need a scientist to reply. But it might be something like when CO2 is at 15% of the air gas mix, humans will keel over dead from CO2 poisoning. There have been several sad cases where the ground has caved in and released underground pockets of Co2 gas, all at once. The local sudden increase in CO2 levels has killed every human and animal in the area, before the CO2 dispersed into the wider atmosphere.
I don't remember the figures for oxygen and nitrogen, but I'm pretty sure that there are levels at which human's cant' survive for very long, without getting very sick, definitely for oxygen.
Given that some industries deal with purified gasses, it's really important that they don't suffer major containment failures, which could theoretically lead to localised hospitalisation incidents, or even deaths. (Most likely of the workers on the site.)
Students, scientists and workers have to be careful that there arent' any invisible leaks of propane, butane, or "gas" into the air of a classroom, laboratory, workplace or hospital. Apart from the flammability concern, there is also a health concern. There would also be a health concern if numerous pure CO2 or oxygen tanks leaked... either a large short leak, or a long term slow leak.
(Yes, long term exposeure to too much oxygen can really damage you! I know It sounds funny)
Now usually we say a chemical is a pollutant when it does short or long term harm to the health of people or animals. Under that definition we would have already had a level at which CO2 would be defined as a pollutant. There were figures which scientists could point to and say: above this amount, CO2 is harmful to human health, and below this other level here, CO2 is also harmful to human health because there isnt' enough of it.
The EPA didnt' have to actively worry about CO2, because nothing much that human activity did reached either of those boundary points of CO2 levels in the wider atmosphere. Therefore, the EPA wasnt actively regulating CO2 as a pollutant.
Now scientists have come back and said, ok, we now think that CO2 is harmful to the very long term health of human beings, at a much LOWER level than the old cut-off point at which CO2 becomes poisonous. Now the EPA has to actively regulate CO2, because this newly discovered level at which there is harm from CO2 DOES occur reguarly from various human activities.
Theoretically, if human activity were to suddenly double the amount of oxygen in the air, I bet the EPA would very quickly be putting it on the pollutant regulation list too. There wouldn't be all this fuss and refusal either, because everyone would be aghast at the sudden increase of catastrophic fires.
Just because something is on a pollution regulation list, DOESN'T mean we are required to drop the output of it to zero. There are a lot of things which are desirable to try and eradicate in human industrial output, but there are thousands of others, which merely have to be reduced to below a certain concentration.