Yesterday the Supreme Court, in a 5-4 decision, rebuked the Bush Assministration's jaw-dropping claim that the Clean Air Act did not authorize the Environmental Protection Agency to regulate tailpipe emissions from new cars and trucks. The majority found that the Clean Air Act does, in fact, give the EPA that authority, and also found that states have the right to sue the EPA to challenge its decisions. The dissenters were the "Flat Earth Four," Rebunglecan troglodytes Roberts, Scalia, Thomas and Alito, who believe the government has no power to intrude, unless it's in a recount, in the bedroom, or between a doctor and patient.
As David Doniger of the Natural Resouces Defense Council said, "this administration's legal strategy for doing nothing has been repudiated." As a result, automakers are now clamoring for national standards rather than facing the prospect of state-by-state regulations. The decision also raises the likelihood of comprehensive legislation on global warming that would provide an economy-wide approach to the problem.
