Global warming debate goes to Supreme Court

Russ Schnell, director of the National Oceanic and Atmospheric
Administration's Global Monitoring Division, uses an inflatable
globe to illustrate his points about threats to earth's ozone layer
and global warming as he speaks at the Eureka Weather Station in the
Canadian territory of Nunavut Monday, July 24, 2006. Scientists at
the station, located far above the Arctic Circle, are working to
understand the actual components of global warming by studying the
weather patterns that are impacting the atmosphere at the top of the
world. - AP
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The Supreme Court appeared sharply divided Wednesday over what role
the federal government should play in regulating carbon dioxide
emissions from new cars.
The major environmental case pits states against the Bush
administration over damage claims blamed on global warming."Isn't it
intuitively reasonable to suppose that with some reduction of the
greenhouse gases, there will be some reduction of the ensuing damage or
the ensuing climate change which causes the damage?" asked Justice David
Souter. "Isn't that fair?"
"There's something of a consensus on warming, but not a consensus on
how much is attributable to human activity," countered Justice Antonin
Scalia. Carbon dioxide - the principal greenhouse gas - drifts into the
atmosphere from the burning of fossil fuels such as petroleum and coal.
At issue is whether the Environmental Protection Agency is required by
law to regulate carbon dioxide emissions from newly manufactured motor
vehicles.
The debate centers on whether carbon dioxide constitutes a
"pollutant" under the Clean Air Act. EPA officials argue it is not and
that the agency alone has the discretion to decide such matters.
The oil and gas industry supports the EPA's position. In the late
1990s, the Clinton administration concluded the EPA has the regulatory
authority to reduce carbon dioxide emissions, but the Bush
administration in 2003 reversed that position, prompting the current
legal fight.
Twelve states, led by Massachusetts, have sued the Bush
administration, demanding the executive branch take the lead in
curtailing potentially harmful emissions. An important precedent at
stake.
- CNN
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