Breakthrough In U.S. Vehicle Emissions Control
In this exclusive follow-up to the Landmark Environmental Case before the US Supreme Court <<Highlights>> comes the much awaited verdict - as handed down by the US Supreme Court last week - in what is without doubt an historic turning point in the fight to reduce global warming by one of the world's leading greenhouse gas contributors. The decision is certainly being hailed as a victory for the environment and a setback for the Bush administration and all it’s corporate-lackey polluters.
In a 5-4 majority, the US Supreme Court ruled that carbon dioxide is a pollutant under the Clean Air Act and that the U.S. Environmental Protection Agency has the authority to regulate carbon dioxide emissions from automobiles and other vehicles.
This ruling was a total rejection of the Bush Administration’s refusal to use its existing authority to meet the challenge posed by global warming mandates, whilst maintaining the claim that CO2 emissions did not directly affect global warming at all.
Not new to people who have followed this environmental ‘war’ of the Bush administration, the EPA has consistently argued that it has no authority to regulate so-called “tailpipe emissions” of carbon dioxide and other greenhouse gases that contribute to global warming, because according the current legislation, they are “non-point” emission sources that are not fixed geographically, unlike coal-fired power plants that are “point” sources and closely regulated.
Vehicles account for about 20 percent of U.S. carbon dioxide emissions, while power plants account for about 40 percent.
The Essence of the Case
The case, Massachusetts vs. EPA, put three questions before the court:
• Do states have the right to sue the EPA to challenge its decision?
• Does the Clean Air Act give EPA the authority to regulate tailpipe emissions of greenhouse gases?
• Does EPA have the discretion not to regulate those emissions?
The court answered yes to the first two questions. On the third question, the court stopped short of requiring the EPA to regulate carbon dioxide emissions. Instead, the court ordered the agency to re-evaluate its position that it has no obligation to regulate vehicle tailpipe emissions of greenhouse gases and is free to exercise its discretion to leave the problem unaddressed.
The case, Massachusetts vs. EPA, put three questions before the court:
• Do states have the right to sue the EPA to challenge its decision?
• Does the Clean Air Act give EPA the authority to regulate tailpipe emissions of greenhouse gases?
• Does EPA have the discretion not to regulate those emissions?
The court answered yes to the first two questions. On the third question, the court stopped short of requiring the EPA to regulate carbon dioxide emissions. Instead, the court ordered the agency to re-evaluate its position that it has no obligation to regulate vehicle tailpipe emissions of greenhouse gases and is free to exercise its discretion to leave the problem unaddressed.
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While hailing the Supreme Court decision as an important victory in the fight to reduce global warming, leading environmentalists also noted that Congress will now have to take up where the court left off and reinforce the courts decision with ‘Carbon Caps’ legislation.
Fred Krupp, the president of Environmental Defence was excited by the courts decision, but wary of the need for further action by congress.
“It's important to remember the Court did not rule EPA to take direct action on climate change, that’s why this is ultimately up to Congress. The Court did all it can, but if we’re really going to fix climate change, Congress has pass a cap on carbon pollution, and soon." He said.
Highlights of the case were mimicked throughout the US as aspects of the case broke local news media with comical catchphrases like; ‘Supreme Court case has to clarify the meaning of words such as ‘pollutant,’ ‘endanger,’ ‘weather,’ and ‘climate’ for the Bush administration.
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In the nine months since the court first agreed to hear Massachusetts vs. EPA, the tide of public and political opinion in the US has changed dramatically on the dangers of global warming and the urgency of finding concrete solutions to reduce additional risks to the environment.
Since the Democrats took control of Congress in the US in January 2007, global warming and other environmental issues have become political priorities. Businesses, quick to recognise the swing in public opinion have seized market opportunities and begun investing heavily in green technologies and environmental strategies.
Hard to ignore really, following the damming conclusions of the IPCC Working Group Report, <<Highlights>> released February 2007, in which thousands of leading international scientists confirmed that human activity is responsible for the accelerated rate of global warming occurring today, and that the trend is already likely unstoppable.
During the same period, former Vice President Al Gore gained worldwide recognition as an environmental leader and the rumour is, that he is to be nominated for a Nobel Peace Prize. He maintains his position that he will not run for Presidency again, but continue to fight for environmental awareness.
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The harsh reality now, is not only that we do contribute heavily to accelerating global warming, but facing the statistics, which according to a team of health and climate scientists at the World Health Organization and the University of Wisconsin, Madison; reveals that Global warming is not only a threat to our future health, it actually contributes to more than 150,000 deaths and 5 million illnesses annually … and those numbers could double by 2030.
I will chase these statistics up in a future post.
Sources : Reuters. ENN News, www.voanews.com, http://www.findlaw.com/Supreme































From The Home Front
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Yes, that is one way of looking at it.. It is likely that the world will follow, especially here in Australia, where we desperately need to start looking at things like ratifying the Kyoto Protocol, BEFORE our major cities end up looking like Los Angeles above.
...thank you for your comment.
Lilla ...
Flashes of memories
happy saturday
ash
From The Home Front
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…yes I do remember, but this goes beyond that I think. For me it means that corporations and politicians are coming to the crunch-line too, in that we need the planet we live on, if we are to consider ourselves better than a cancerous virus on the face of this planet?
I think this is the turning point environmentalists were waiting for… well, if US Congress now pushes the legislation needed to enforce it? THat seems to be the big question and makes me wonder at the "powers" of the Courts?
But if they do, it’ll herald the tip of the iceberg in Carbon reform… I know, we can’t stop it anymore… but we can slow it down … who knows future technology may reverse it?
Thanks, housework-before-holiday-day… you too.
Lilla …
From The Home Front
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Thanks for your comment, which is both true and sad at the same time.
Leaving the big things to government is okay by me, providing we know who we are voting for? Either way, I think "green" issues are fast becoming the new election promise staple, along with health, eduation, bringing troops home and IR Reform.
I'm looking forward to the creative promises that are due to ensue and hpe some are true?
It's a shame so many are overwhelmed, because each indiividual means so much in the great scheme of things... even to every postiive thought that reverberates throughout the stratosphere....
Lilla ...
Mum's Word
Surely now that the Democrats are in control of the Senate then these changes will move through quickly. Is that the impression you get?
Love & stuff
Mrs M
Stress Alive
Man Lessons
Take care,
Nick
From The Home Front
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I have everything crossed that’ll this’ll get pushed through as a matter of priority. I also have bigger hopes that it'll be the first brick to fall and the first step towards the US ratifying Kyoto - although I feel really strongly that they will want to change the name of it first to something 'new,' which in effect will be less of a carbon emission control than the current Kyoto mandate, but perhaps better than none at all? - mark my words...
Waiting to hear will update as we go.
Lilla …
From The Home Front
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Let us also hope that it is the first of many signs that ‘we’ are about to take some responsibility for our actions, also.
Lilla …
From The Home Front
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Welcome. It is nice to “meet” you and to know that you are not only another conversationalist, but a passionate conservationist too ..and a vet... It’s what the world needs most of.
Heartfelt thanks for your compliment about the bog. I’ve been away for a while, but will be back in the next few days with lots of new news…
THanks for your comment,
Cheers,
Lilla …
Mum's Word
I've heard John Howard say that Australia is actually meeting our set targets which are lower than those in Kyoto (even though we haven't signed Kyoto) and that Australia has different considerations to Europe.
Is that true?
Do you think if the US signed Kyoto would Johnny?
Is Kyoto only for first world countries? I read here on Orble (somewhere) that countries like India which aren't considered first world are doing more damage to the earth than some of the first world countries.
Sorry Lilla, maybe I should go and do my own research but you are such a wealth of knowledge.
Love & stuff
Mrs M
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No stress at all, I’m flattered, truly.
As I said I think the word itself is too ‘old’ for America. They will want something new as their denial of signing will be associated with Kyoto… well and because as a nation, they are ruled by Gemini. Even an amateur astrologer will tell you what that means *chuckle*
No but seriously ... As for Australia signing if the US does… sure if it’s the current government, although you are right. We contribute so little, truly. In fact what you say about third world and first world countries is, spot on. China and India are fast becoming a problem that outstrips not only Australia, but Japan and Canada also. In fact all of us put together don’t contribute as much as China at the moment. Even – wait for it – the "evil" America?
I just happen to have downloaded a map the other day as I was researching this same question. And include it here… I hope you can see it clearly enough.
You can see by the ratio as it stands now, that US and Oz signing the Kyoto would seem obsolete now, it's getting that bad.
Added to America’s penchant for “new and improved” I think the UN will agree to include China and India into a new Kyoto – renamed – *whatever,* but severely limiting carbon emissions through some carbon tax credit scheme… trouble is, how do you implement and police that in China?
Perhaps trade sanctions, or extra taxes on the same coal that the 1st world countries are so willing to sell to China, in order for our effluent 1st world status to continue?
Lilla …
Mum's Word
Thanks for that. That graph certainly tells a lot.
That'd be right.
I just read in the paper today, maybe yesterday, that Johnny and the Premiers couldn't agree on limiting carbon emissions. Why? Johnny is quoted as saying that he thinks the economy is more important.
Johnny's going to throw money at someone to "study" the environment and climate. Does he really think we're stupid? Stop "studying" and start "doing".
Interestingly, in his seat of Bennelong pamphlets were delivered to each household and there was a tear away section that you could send back to his office. There was a list of maybe 10 items and he asked voters to nominate which 4 were important to them. Not one of those 10 mentioned the environment. He is so transparent it is disgusting.
Love & stuff
Mrs M
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That kind of transparency makes my blood boil INSTANTLY!
My suggestion would be to cross out all those things that didn't apply, and write ENVIRONMENT in bold black letters in a relevant space, then return it.'
If everyone in Bennelong did that?
Well, just maybe he'd get the message. Although it would probably mean that he would have the flouride level in the water upped, to quieten everyone down!
*blood boiling now at that thought*
*gritting teeth* I better go and WASH something ..
Lilla ...
Killer Beats
Ramble On
Hipnotherapy
I am behind on reading your posts. I made sure that I was on your email list so that I can do a better job os this. Your article regarding this matter was better than any I read in the states. Thank you so much for your thorough research.
Mis
From The Home Front
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Awww, comments like yours make it all worth while. Thank you from the bottom of my heart. I am thrilled it gave you a clear, grounded understanding of the situation and am humbled that you include me on your reading list.
I am double humbled that it comes from a citizen of the US *chuckle* it means me skills are certainly improving...
Thank you Mis. for the feedback.
Lilla ...
Killer Beats
Ramble On
Hipnotherapy
You are welcome. The compliment was well deserved!
Mis