
The future of carbon dioxide regulation is up in the air, and it's not up to scientists or even industry to determine what lies ahead. Instead, that duty falls to experts in jurisprudence, not climatology.
Next summer, the Supreme Court will hear its first major global warming case: Massachusetts v. Environmental Protection Agency. The case, which asks whether the federal government should have to regulate carbon dioxide emissions, will bring the science of climate change from the lab bench to the judicial bench—giving nine justices the chance to reshape the dialogue on global warming.
I'm not sure why the author of this article thinks the Court is going to rule on the science of global warming. It seems that doing so is unecessary to demonstrate that Massachusets lacks standing. Obviously, regardless of whether failure to regulate CO2 actually harms Massachusets, the State can certainly enact its own regulations. Therefore, the State lacks standing. Even if the plaintiffs get past that hurdle, they still have to demonstrate that the Clean Air Act "implies" CO2 regulation despite not specifically saying anything about it. Massachusets will lose this case, regardless of the science.
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