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Published: Saturday 31 August, 2013

cheap isabel marant wedge sneakers cheap isabel marant wedge sneakers Court Blocks States Greenhouse



The Supreme Court blocked six states from suing powerplant operators over greenhousegas emissions, ruling Monday unanimously that pending federal regulation under the Clean Air Act preempts the case.



But the justices split 44 on related legal questions, leaving open the possibility that states could revive their action if the Obama administration fails to issue a final emissions rule by May



Many scientists say the principal greenhouse gases that enter the atmosphere because of human activitiescarbon dioxide, methane, nitrous oxide and fluorinated gasestrap heat in cheap isabel marant wedge sneakers the atmosphere and contribute to global warming.



Companies differ on what kind of regulation they consider acceptable, but find the prospect of courtimposed remedies more worrisome than a nationwide rulemaking process they can influence both at the Environmental Protection Agency and through Congress. States and private parties should look to Congress and not the courts to set policies on climate change and greenhouse gas regulation, said Pat Hemlepp, a spokesman for American Electric Power Co., one of the five defendants.



Environmental groups are pushing the EPA to use its existing powers under the Clean Air Act and also advocate letting states retain power to regulate emissions. Monday Supreme Court ruling doesn conclude the issue but puts more pressure on the EPA to decide how the Clean Air Act applies to emissions.



Now the EPA must act without delay, said David Doniger, an attorney for the Natural Resources Defense Council who helped represent three land conservation trusts that joined the states in bringing the case. Power plants emit pollution that drives dangerous heat waves and smog, stronger storms, floods, and droughts, and many other threats to our health, he said.



To settle separate lawsuits over greenhouse gas pollution, the EPA has agreed to propose new regulations on power plant emissions by Sept. 30. Chamber of Commerce and other industry groups prefer no regulation.



The Republicancontrolled House voted in April to block the EPA from regulating carbon dioxide emission altogether, but that effort is unlikely to pass the Senate where Democrats are in charge.



The case decided Monday dates from 2004, when Connecticut led a multistate coalition in suing five power companies alleged to generate 650 million tons of carbon dioxide annually. The states, frustrated that the Bush administration didn regulate carbon dioxide as an air pollutant, sought court orders requiring American Electric Power, Southern Co., Xcel Energy Inc., Cinergy Corp.



But the justices split 44 on related legal questions, leaving open the possibility that states could revive their action if the Obama administration fails to issue a final emissions rule by May 2012.



Companies differ on what kind of regulation they consider acceptable, but find the prospect of courtimposed remedies more worrisome than a nationwide rulemaking process they can influence both at the Environmental Protection Agency and through Congress. States and private parties should look to Congress and not the courts to set policies on climate change and greenhouse gas regulation, said Pat Hemlepp, a spokesman for American Electric Power Co., one of the five defendants.



Environmental groups are pushing the EPA to use its existing powers under the Clean Air Act and also advocate letting states retain power to regulate emissions. Monday Supreme Court ruling doesn conclude the issue but puts more pressure on the EPA to decide how the Clean Air Act applies to emissions.



Now the EPA must act without delay, said David Doniger, an attorney for the Natural Resources Defense Council who helped represent three land conservation trusts that joined the states in bringing the case. Power plants emit pollution that drives dangerous heat waves and smog, stronger storms, floods, and droughts, and many other threats to our health, he said.



To settle separate lawsuits over greenhouse gas pollution, the EPA has agreed to propose new regulations on power plant emissions by Sept. 30. Chamber of Commerce and other industry groups prefer no regulation.



The Republicancontrolled House voted in April to block the EPA from regulating carbon dioxide emission altogether, but that effort is unlikely to pass the Senate where Democrats are in charge.



The case decided Monday dates from 2004, when Connecticut led a multistate coalition in suing five power companies alleged to generate 650 million tons of carbon dioxide annually. The states, frustrated that the Bush administration didn regulate carbon dioxide as an air pollutant, sought court orders requiring American Electric Power, Southern Co., Xcel Energy Inc., Cinergy Corp.



The power plants are located outside the borders of Connecticut and its coplaintiffs, which currently include California, Iowa, New York, Rhode Island and Vermont, as well as New York City. The states contended they would suffer harm from the outofstate emissions such as additional smog in Los Angeles.



The legal and political worlds changed dramatically after the suit was filed. In a separate 2007 case brought by many of the same states, the Supreme Court held that carbon dioxide meets the legal definition of air pollution under the Clean Air Act and can be regulated by the EPA. After taking power in 2009, the Obama administration settled parallel lawsuits by agreeing to regulate greenhouse gasses.



A federal appeals court in New York held that the states lawsuit could proceed until those EPA regulations took effect. But Monday Supreme Court opinion, by Justice Ruth Bader Ginsburg, held that the simple fact that the Clean Air Act assigns the matter to the federal government was enough to extinguish the states rights to sue for now.



The private power compan cheap isabel marant wedge sneakers ies had sought a more sweeping ruling, asking the court to declare that global warming was a political matter too complicated to resolve in court. But the court split 44, leaving intact a lower court ruling allowing states to make such claims. Justice Sonia Sotomayor, who heard the case when serving on an appeals court, recused herself.



The opinion didn specify how the justices voted, but the four conservatives who dissented from cheap isabel marant wedge sneakers the 2007 ruling, Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito, remain on the court. That suggests Justice Ginsburg was joined by Justices Anthony Kennedy, Stephen Breyer and Elena Kagan to find that states may raise global warming claims in court. cheap isabel marant wedge sneakers

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