States Set to Sue the U.S. Over Greenhouse Gases

[Lone_Star_Dem]

Source: NYT

ALBANY, Oct. 23 — New York is one of more than a dozen states, led by California, preparing to sue the Bush administration for holding up efforts to regulate emissions from cars and trucks, several people involved in the lawsuit said on Tuesday.

The move comes as New York and other Northeastern states are stepping up their push for tougher regulation of greenhouse gases as part of their continuing opposition to President Bush’s policies.

On Wednesday, Gov. Eliot Spitzer’s administration is to issue regulations requiring power plants to pay for their greenhouse gas emissions, part of a broader plan among 10 Northeastern states, known as the Regional Greenhouse Gas Initiative, to move beyond federal regulators in Washington and regulate such emissions on their own.

“I believe that states have to step into a void created by a failure of federal action,” Mr. Spitzer said in an interview on Tuesday. “The global warming issue is one where the current administration has first denied the scientific evidence and only recently begun to discuss the matter in a serious way.”

Read more: http://www.nytimes.com/2007/10/24/nyregion/24emissions.html?ex=1350878400&en=4365c786d3b5747a&ei=5088&partner=rssnyt&emc=rss

[DaveJ]

1. Weird. Does suing the administration have precedents?

If they win does the monetary award would come from the Federal budget, I assume.

[fedupfisherman]

4. our tax dollars

tax money would be spent fighting this suit

[DaveJ]

5. I guess the Supreme Court would ultimately decide

Whether it is best for us to breath clean air. It's so sad that it is a mystery what they will rule.

[rmgarrette64]

12. No, they won't

Sorry, but this is a case where the Federal Laws aren't there. The Supreme Court will have nothing to say about this - and with the Roberts Court, you can pretty much bet that's where it'll stand. And if so, they'd be correct.

Look, in the end, this lawsuit boils down to the States complaining that their voters aren't electing the right people, or at least, they aren't electing representatives who vote the right way on this issue. The Supreme Court should dismiss this quickly, if it ever makes it that far. This is an issue for Congress, and if they're not doing anything, it is not up to the courts to second-guess them.

R. Garrett

[jpak]

13. I'm sorry, the Supreme Court recently ruled on this issue.

Supreme Court rules EPA can regulate greenhouse gases

http://news.zdnet.com/2100-9595_22-6172658.html

The United States Supreme Court rejected arguments by the Environmental Protection Agency and ruled on Tuesday that the agency has authority to regulate greenhouse gas emissions from vehicles.

In the 5-4 decision (PDF), the court agreed with Massachusetts, 11 other states, and environmental groups who argued that the EPA was bound by the Clean Air Act to regulate greenhouse gases as air pollutants. A buildup of these gases, such as carbon dioxide, has been said to lead to global warming.

The EPA had argued that it did not have to issue mandatory regulations to address global climate change. It also claimed regulation by the EPA would conflict with the administration's approach to climate change, which favors technology investment and voluntary emissions reductions.

"In short, EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change," wrote Justice John Paul Stevens in the majority opinion, which Justices Anthony Kennedy, David Souter, Ruth Bader Ginsburg and Stephen Breyer joined.

<more>

It's the republic asshole they installed in 2000 that's the problem here...

[niceypoo]

10. The Bush administration is trying to exterminate humanity

because of their rapture cult suicide beliefs. They dont need to sue for money. They need to sue to force action.

[seriousstan]

2. Let local and state governments raise the rates of their constituents energy.

It is not a federal issue. If I want my state to have a more strict limit, so be it,

If NY and Cali would demand higher cafe standards, they would be like Texas when it drives the school book agenda. Buyer power is everything. Lets see local gov car pools go green. THERE is buying power.

[TheMadMonk]

11. So you're fine with the "Springfield fyre fire"?

After all the local govt considers it a "tourist attraction".

This is not a local council issue. This is not a State issue. It is not even a Federal Issue. IT'S A FUCKING GLOBAL ISSUE.

[fedupfisherman]

3. Great way to spend tax dollars

On lawsuits........nice

[jpak]

14. I think this is a highly appropriate use of tax dollars

The science and law are compelling and BushCo's EPA is stalling.

...and the cost of this suit is insignificant compared the cost of the Iraq War (which is not so nice)...

[Hekate]

6. 5th Rec --this is an important initiative for the states to take against the maladministration. nt

[kster]

7. If only Eliot Spitzer’s wasn't so full

of Goddamn shit. Whats the matter Spitzer can't RIG HR 811?

On to something else, BIG BAD SPITZER!

F-CK Y-- Spitzer.

Your nothing but a corporate toady, BITCH.......

[LynneSin]

8. After this the states should go after SChip and that horrible "leave all kids behind" education act

I don't want to think that states are going to start ceding from the Union but I can see states demanding more say in how their tax dollars are being spent.

A few years ago a DUer posted a link to a site that showed which states were giving the most tax dollars to the Federal government and which states were taking the most tax dollars (ie - welfare states). Many of those states who are suing the government in this lawsuit are states that end up paying more federal taxes then receive.

[dapper]

9. Go Get them, Eliot!!!

Bush could care less about the Environment.

Dap

[DCKit]

15. It's a "States Rights" issue

The administration joined with the oil companies and automakers to fight against CAFTA.

Along with medical marijuana, property issues, education, immigration, national guard and a few other issues, the federal government has overstepped their constitutional bounds and the states want the power granted them by the constitution back. More localized control is the only way to prevent the abuses we've seen.