In a ground-breaking 5-4 decision the Supreme Court ruled today that the Environmental Protection Agency has the power to regulate the polluting emissions of carbon dioxide and other greenhouse gases from vehicles. The decision moves Bush administration further along the path from its former position of complete and aggressive denial of global warming to tepid acknowledgment, now forcing the Bush administration to recognize and regulate carbon dioxide as a pollutant under the Clean Air Act. The court's decision underscores the reality of human activities contributing to global warming.
The Bush Administration had argued that the EPA had no authority to regulate motor vehicle admissions under the Clean Air Act. The Supreme Court’s decision also throws into question the Bush Administration’s rejection of the Kyoto Protocol, further embarrassing the Bush Administration in the world community.
"A well-documented rise in global temperatures has coincided with a significant increase in the concentration of carbon dioxide in the atmosphere. Respected scientists believe the two trends are related," Justice Stevens wrote. Noting that the administration offered "no reasoned explanation" for not acting on the question of whether greenhouse gases should be regulated, the majority opinion cited the EPA’s position as "arbitrary, capricious or otherwise not in accordance with law."
The agency plans to review the ruling and decide how best to interpret it, which could take through the end of Bush’s term.
The decision comes at a time when American automakers are bankrupt and struggling to stay afloat in the face of foreign competition more appealing and responsive to consumer needs and desires. American auto makers are reintroducing ways to appeal to global markets. An electric car was introduced in 1890. Popular electric vehicles were introduced for lease in California and a popular film "Who Killed the Electric Car?" tells the story of its crushing demise early in the decade.
The majority opinion was written by Justice John Paul Stevens, who was joined by Justices Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, and David Souter. Dissenters were Chief Justice John Roberts, and Justices Samuel Alito, Antonin Scalia, and Clarence Thomas.
Justice Scalia wrote in his dissent: "The Court's alarm over global warming may or may not be justified, but it ought not distort the outcome of this litigation...No matter how important the underlying policy issues at stake, this Court has no business substituting its own desired outcome for the reasoned judgment of the responsible agency."
