I'm thinking that somebody with some money to pay the lawyers ought to appeal MA et al. vs EPA on the basis of the Climategate revalations. Seems like most of the quoted section would be up for a more effective arguement on the sceptics side now.
SourceSUPREME COURT OF THE UNITED STATES
Syllabus
MASSACHUSETTS ET AL. v. ENVIRONMENTAL PRO
-TECTION AGENCY ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 05–1120. Argued November 29, 2006—Decided April 2, 2007
Based on respected scientific opinion that a well-documented rise inglobal temperatures and attendant climatological and environmental changes have resulted from a significant increase in the atmospheric concentration of “greenhouse gases,” a group of private organizations petitioned the Environmental Protection Agency (EPA) to begin regu-lating the emissions of four such gases, including carbon dioxide, un-der §202(a)(1) of the Clean Air Act, which requires that the EPA“shall by regulation prescribe . . . standards applicable to the emis-sion of any air pollutant from any class . . . of new motor vehicles . . . which in [the EPA Administrator’s] judgment cause(s), or contrib-ute(s) to, air pollution . . . reasonably . . . anticipated to endangerpublic health or welfare,” 42 U. S. C. §7521(a)(1). The Act defines “air pollutant” to include “any air pollution agent . . . , including any physical, chemical . . . substance . . . emitted into . . . the ambientair.” [ed. - yada yada yada]
