By a 5-4 vote, the U.S. Supreme Court today rejected the Environmental Protection Agency's views (1) that the Clean Air Act doesn't require regulation of carbon dioxide emissions from motor vehicles and (2) that, even if the Act does mandate regulation, the EPA may choose not to. Massachusetts v. Environmental Protection Agency, No. 05-1120 (U.S. Apr. 2, 2007). The decision represents a significant victory for environmental advocates.
Justice Stevens wrote the majority opinion; the Chief Justice and Justices Scalia, Thomas, and Alito dissented.
Barry Barnett
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Carbon dioxide released by man near ground level is heavier than air and sinks in air rather than rising up to the upper atmosphere to become a so-called greenhouse gas. While sinking, it stratifies from air. After sinking and stratifying, it tends to remain close to the ground and may find its way down to low-lying water bodies or down to ocean level where it can mix and react with water to form weak carbonic acid. Carbon dioxide is also removed from the lower atmosphere by rainfall.
Posted by: David Wozney | April 02, 2007 at 04:14 PM