This is a very long and complex essay, but contains much that we need to understand if we are to discuss climate change rationally. I urge everyone to post this link to every forum and social network possible.
The Supreme Court, in Mass v. EPA, stated that the EPA must treat CO2 and other Greenhouse Gases (GHGs), as “pollutants” and then carryout an analysis to determine whether the increasing concentrations in atmospheric CO2 may reasonably be anticipated to endanger human health and welfare. The Court did not mandate regulation; rather it mandated that EPA go through an Endangerment Finding process.
EPA did so and on December 15, 2009 issued its ruling that CO2 and other GHGs must be regulated. This EPA finding and associated rulings were immediately challenged in the DC Circuit Court. The DC Circuit ruled in favor of EPA, but given the two dissents from the December 20, 2012 decision denying rehearing en banc, the matter will very likely go to the Supreme Court.
If allowed to stand, the very existence of EPA’s Endangerment Finding requires regulation that significantly increases U.S. fossil fuel and electricity prices–negatively impacting job creation as well as energy, economic and national security.