Thomas P.M. Barnett :: Weblog

Stop exhaling already (CO2) ... the "expert scientists" on the Supreme Court have paved the way to tax the very air you exhale, jeez.

Democratic posturing, nothing more. The challenge will be when they have to prove damages. How exactly are states being damaged by the "inaction" of the federal government to tax us all on carbon usage?

States have historically led the Feds on many matters relating to health and the environment. That darn Dem governor of California, what's his name again?

@wiredman - pretty sure the SCOTUS decision in Mass v. EPA already ascertained that the states do have standing with respect to harm from greenhouse gas emissions. darn that liberal Roberts Court along with than darn dem left coast gov!

SCOTUS decisions on pre-emption on rather clear in concluding that specific pre-emption language of State regulatory authority must be in the statute or no pre-emption. Unfortunately, if there was a laundry list of cases where that precedent is not entirely clear it is the Clean Air Act precedents. Modern federal practice rules on evidence were designed to allow the trial courts to establish a factual record by probing witnesses as to the basis of their beliefs. When EPA is involved the courts are looking at an administrative record and their own precedents, not necessarily a factual trial record. Because of this we may all end up yet requiring SCBA (Self-contained Breathing Apparatus) yet. Oh that's right just see what happens to the atheletes in the upcoming Olympics. By the way of 2.2M fire service personnel in the US less than 20% have SCBA and almost none for CBRN contamination.

Arnold - RINO
Roberts was a decenter to the decision.

Just because SCOTUS says that states have the right to file a complaint doesn't mean they can prove damages.

Good luck to states!