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Published: Tuesday 03 September, 2013

isabel marant sneakers online kaufen isabel marant sneakers online kaufen Any greenhouse gas limits must be imposed

A number of states and environmentalist groups are asking the Supreme Court to force the Environmental Protection Agency to impose regulations on greenhouse gas emissions the most ubiquitous byproducts of modern industrial society. In other words, these petitioners are seeking to obtain in court what they have not been able to achieve through the political process.

A basic principle of our governmental structure is that all legislative powers of the federal government are vested in the Legislature. As a consequence, federal agencies, including the EPA, possess only those powers given to them by Congress. Controlling greenhouse gases would be the greatest regulatory undertaking ever contemplated in environmental law. A careful reading of the Clean Air Act, however, makes clear that Congress never sought to regulate carbon dioxide or other greenhouse gases under the act. Under the act, the term pollutant is defined to include physical, chemical, or biological . . . substance or matter which is emitted into or otherwise enters the ambient air. says the EPA issue regulations governing new vehicle emissions of pollutants that may be anticipated to harm public health or welfare.

The clear intent of the act when first enacted in 1967 and as subsequently amended in 1970, 1977 and 1990 is to control local and regional air pollution, such as soot and smog. Moreover, if carbon dioxide and other greenhouse gases are pollutant isabel marant sneakers online kaufen s for the purposes of Section 202, they are almost certainly air pollutants for the Clean Air Act provisions as well, as the language is virtually identical.

Yet the regulatory measures that are required by these provisions the creation and enforcement of national ambient air quality standards are fundamentally incompatible with the regulation of greenhouse gases as such. There is also a question whether the petitioning states and environmentalist groups should even be able to bring their case.

Under Article III of the Constitution, plaintiffs must have before a federal court can hear their claims. requires that a plaintiff show that he or she has suffered an actual or imminent, concrete injury that is particular to him or her.

isabel marant sneakers online kaufen This is easy to do when pollution harms a specific property or environmental resource, but much more difficult in the context of nationwide emissions anticipated to have global effects over many decades.

The fact that climate change is a global concern that affects us all is yet one more reason to leave the question to elected legislators and treaty negotiators, rather than to force it on the judiciary. Current claims of injury from global warming are quintessential generalized grievances that courts are not competent to address.

However serious or urgent the threat of climate change may be, such concerns are best resolved through the political process. To thrust them upon the courts, absent the direction let alone acqui isabel marant sneakers online kaufen escence of the political branches undermines both the separation of powers and the democratic legitimacy of climate change policy. isabel marant sneakers online kaufen