Carl Pope writes: The Supreme Court and Global Warming



"The important issue is not whether EPA must, or only can, regulate greenhouse pollutants -- what's also being decided here is whether the states can regulate global warming pollution themselves. If EPA can regulate CO2, then so can California and other states -- so their right to set emission standards for CO2 from motor vehicles would be protected as long as the Supreme Court concedes that CO2 is a pollutant. And the real reason the Bush Administration has fought against admitting that CO2 is a pollutant is its desire to block state action to clean up vehicle emissions." Sierra Club President Carl Pope served as a Peace Corps Volunteer in India in the 1960's.

Carl Pope writes: The Supreme Court and Global Warming

Carl Pope: On a Knife's Edge

Carl Pope Fri Dec 1, 5:47 PM ET

On the face of it, the Supreme Court seemed to be considering last Wednesday whether the Environmental Protection Agency must/can/or cannot regulate global warming-causing carbon dioxide pollution under the Clean Air Act. But behind this specific issue is a much broader question -- whether the court room door is going to be slammed in the face of ordinary Americans. The Clean Air Act says that EPA must regulate any air pollutant "reasonably anticipated" to harm public health -- or "the climate." When the
Sierra Club petitioned the EPA to follow the law, the Agency refused. The EPA said that carbon dioxide couldn't be shown to harm the climate, but that even if it was, EPA could decide not to regulate it because it thought regulation would be a bad idea.

This pretty blatantly ignored the law so we, and others, sued. But when a panel of the Court of Appeals for the District of Columbia heard the suit, it issued a split decision. One judge said EPA did have to issue regulations; one said global warming might be a myth, so EPA did not have to act; and the third judge said that Massachusetts and the other plaintiffs had no right to be courtroom in the first place, because they hadn't shown enough harm to their interests.

As a result of this week's Supreme Court arguments it now seems pretty clear that four of the Justices -- Souter, Breyer, Stevens, and Ginsberg -- think that global warming is a pollutant requiring regulation, and that the plaintiffs have shown that their states will be harmed by it. The four conservative Justices -- Scalia, Roberts, Thomas, and Alito -- seem to be leaning towards letting EPA ignore the problem. Scalia, stunningly for a Justice who says he is opposed to judicial activism, said that EPA didn't have to regulate any pollutant that wasn't a threat to public health -- ignoring the plain language of the Clean Air Act that any substance which harms property or climate is also a pollutant. (Acid rain or lead wouldn't have met Scalia's test, for example.) The swing Justice, as so often these days, is Justice Kennedy. But the key issue is unlikely to be the narrow one -- is carbon dioxide a pollutant. If the Court gets to that issue, most observers feel it would rule either that the EPA could, or the EPA must, regulate CO2. But Kennedy might rule that, because global warming has some level of uncertainty, the plaintiffs lack standing to bring any lawsuit.

The important issue is not whether EPA must, or only can, regulate greenhouse pollutants -- what's also being decided here is whether the states can regulate global warming pollution themselves. If EPA can regulate CO2, then so can California and other states -- so their right to set emission standards for CO2 from motor vehicles would be protected as long as the Supreme Court concedes that CO2 is a pollutant. And the real reason the Bush Administration has fought against admitting that CO2 is a pollutant is its desire to block state action to clean up vehicle emissions.

But the impact of a bad ruling on standing would be enormous. If the high court rules against the states and the Sierra Club and other environmental groups, it would undo decades of Congressional efforts to ensure that environmental laws could be enforced by citizens in court, by making anyone bringing such a suit prove specific, individual harm. The impact on enforcement of the Clean Air and Clean Water Acts would be devastating.

Links to Related Topics (Tags):

Headlines: December, 2006; RPCV Carl Pope (India); Figures; Peace Corps India; Directory of India RPCVs; Messages and Announcements for India RPCVs; NGO's; Environment; Global Warming; Jurisprudence

When this story was posted in December 2006, this was on the front page of PCOL:




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Ron Tschetter in Morocco and Jordan On his first official trip since being confirmed as Peace Corps Director, Ron Tschetter (shown at left with PCV Tia Tucker) is on a ten day trip to Morocco and Jordan. Traveling with his wife (Both are RPCVs.), Tschetter met with volunteers in Morocco working in environment, youth development, health, and small business development. He began his trip to Jordan by meeting with His Majesty King Abdullah II and Her Majesty Queen Rania Al Abdullah and discussed expanding the program there in the near future.

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November 12, 2006: This Month's Top Stories Michael O'Hanlon writes: The New Congress and Iraq 9 Nov Amanda Host named new PC Press Director 12 Nov Shays will reach across the aisle for answers in Iraq 8 Nov Petri loses chance to become committee chairman 8 Nov Doyle gets a mandate to improve education 8 Nov Eunice Shriver spends election night with Schwarzenegger 8 Nov Donna Shalala writes: Eliminating gender bias in universities 7 Nov Robert Paul upheld peace amid Afghan war 6 Nov Carol Bellamy receives humanitarian award 6 Nov Joseph Opala studies Black Seminoles 6 Nov David C. Liner named PC Chief of Staff 3 Nov PCV Matthew Costa remembered 2 Nov Ethiopian-American community rallied for Garamendi 2 Nov Christopher Poulos named Teacher of the Year 1 Nov Peace Corps Writers and the Lost Generation 1 Nov James Rupert writes: A deadly attack in Pakistan 31 Oct Hill meets secretly with North Korea to restart talks 31 Oct Jimmy Carter remembers mother in Peace Corps 30 Oct Leigh Emery travels world for science 27 Oct IFAW breaks ground for new headquarters 25 Oct RPCVs Podcast Around the Globe 23 Oct

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Election 2006: Results of RPCV Races Chris Shays claims victory in closely watched race Jim Walsh wins re-election to Congress in close race Tom Petri unopposed for re-election to Congress Sam Farr wins re-election to Congress Mike Honda wins re-election to Congress Jim Doyle wins re-election to Wisconsin Governorship Kinky Friedman loses in long shot bid for Texas Governor John Garamendi elected Lt. Governor of California

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October 22, 2006: This Month's Top Stories The crisis over North Korea's nuclear bomb test 14 Oct Hill faced strong opposition for denuclearization agreement 8 Oct John Coyne writes: The first Peace Corps book 20 Oct Thomas Tighe moderates discussion with President Clinton 17 Oct PC announces Community College degree program 18 Oct Donna Shalala expresses dismay over football brawl 16 Oct Gina Abercrombie-Winstanley defends Lebanon policy 16 Oct Jan Guifarro elected Chair of NPCA Board 15 Oct Carl Pope writes: From the pump to the polls 13 Oct Ambassador Gaddi Vasquez Says Africa a Priority 12 Oct Chris Dodd opposes Bush terrorism bill 10 Oct Isaac Edvalson is founder of Africa's Tomorrow 9 Oct The Man who turned down Shriver 8 Oct Mae Jemison tells girls to reach for the stars 6 Oct Loren Finnell receives Shriver Award 4 Oct Matt Sesow paints onstage during opera 2 Oct Film examines anti-malaria drug lariam 29 Sep Blackwill dismisses Musharraf's claims 27 Sep Ron Tschetter sworn in as 17th Peace Corps Director 26 Sep Rape Victim Student Gets $1 Million From City College 26 Sep Ricardo Chavira narrates Public Service Announcements 25 Sep

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The Peace Corps Library The Peace Corps Library is now available online with over 40,000 index entries in 500 categories. Looking for a Returned Volunteer? Check our RPCV Directory or leave a message on our Bulletin Board. New: Sign up to receive our free Monthly Magazine by email, research the History of the Peace Corps, or sign up for a daily news summary of Peace Corps stories. FAQ: Visit our FAQ for more information about PCOL.

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Chris Dodd's Vision for the Peace Corps Senator Chris Dodd (RPCV Dominican Republic) spoke at the ceremony for this year's Shriver Award and elaborated on issues he raised at Ron Tschetter's hearings. Dodd plans to introduce legislation that may include: setting aside a portion of Peace Corps' budget as seed money for demonstration projects and third goal activities (after adjusting the annual budget upward to accommodate the added expense), more volunteer input into Peace Corps operations, removing medical, healthcare and tax impediments that discourage older volunteers, providing more transparency in the medical screening and appeals process, a more comprehensive health safety net for recently-returned volunteers, and authorizing volunteers to accept, under certain circumstances, private donations to support their development projects. He plans to circulate draft legislation for review to members of the Peace Corps community and welcomes RPCV comments.

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He served with honor One year ago, Staff Sgt. Robert J. Paul (RPCV Kenya) carried on an ongoing dialog on this website on the military and the peace corps and his role as a member of a Civil Affairs Team in Iraq and Afghanistan. We have just received a report that Sargeant Paul has been killed by a car bomb in Kabul. Words cannot express our feeling of loss for this tremendous injury to the entire RPCV community. Most of us didn't know him personally but we knew him from his words. Our thoughts go out to his family and friends. He was one of ours and he served with honor.

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Meet Ron Tschetter - Our Next Director Read our story about Ron Tschetter's confirmation hearing before the Senate Foreign Relations Committee that was carried on C-Span. It was very different from the Vasquez hearings in 2001, very cut and dried with low attendance by the public. Among the highlights, Tschetter intends to make recruitment of baby boomers a priority, there are 20 countries under consideration for future programs, Senator Dodd intends to re-introduce his third goal Peace Corps legislation this session, Tschetter is a great admirer of Senator Coleman's quest for accountability, Dodd thinks management at PC may not put volunteers first, Dodd wants Tschetter to look into problems in medical selection, and Tschetter is not a blogger and knows little about the internet or guidelines for volunteer blogs. Read our recap of the hearings as well as Senator Coleman's statement and Tschetter's statement.

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Peace Corps' Screening and Medical Clearance The purpose of Peace Corps' screening and medical clearance process is to ensure safe accommodation for applicants and minimize undue risk exposure for volunteers to allow PCVS to complete their service without compromising their entry health status. To further these goals, PCOL has obtained a copy of the Peace Corps Screening Guidelines Manual through the Freedom of Information Act (FOIA) and has posted it in the "Peace Corps Library." Applicants and Medical Professionals (especially those who have already served as volunteers) are urged to review the guidelines and leave their comments and suggestions. Then read the story of one RPCV's journey through medical screening and his suggestions for changes to the process.

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The Peace Corps is "fashionable" again The LA Times says that "the Peace Corps is booming again and "It's hard to know exactly what's behind the resurgence." PCOL Comment: Since the founding of the Peace Corps 45 years ago, Americans have answered Kennedy's call: "Ask not what your country can do for you--ask what you can do for your country. My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man." Over 182,000 have served. Another 200,000 have applied and been unable to serve because of lack of Congressional funding. The Peace Corps has never gone out of fashion. It's Congress that hasn't been keeping pace.

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PCOL readership increases 100% Monthly readership on "Peace Corps Online" has increased in the past twelve months to 350,000 visitors - over eleven thousand every day - a 100% increase since this time last year. Thanks again, RPCVs and Friends of the Peace Corps, for making PCOL your source of information for the Peace Corps community. And thanks for supporting the Peace Corps Library and History of the Peace Corps. Stay tuned, the best is yet to come.

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History of the Peace Corps PCOL is proud to announce that Phase One of the "History of the Peace Corps" is now available online. This installment includes over 5,000 pages of primary source documents from the archives of the Peace Corps including every issue of "Peace Corps News," "Peace Corps Times," "Peace Corps Volunteer," "Action Update," and every annual report of the Peace Corps to Congress since 1961. "Ask Not" is an ongoing project. Read how you can help.

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