David Doniger’s Blog
Carbon Pollution Update: Zombie Power Plants and Zombie Lawsuits Stagger On
Posted August 3, 2012
"Zombie Litigation: In June, a coalition of coal and oil industry groups, climate science-deniers, and conservative politicians lost “the big one,” their combined challenge to EPA’s initial carbon pollution curbs – the endangerment finding, clean car standards, and permit requirements for big industrial sources. In Coalition for Responsible Regulation v. EPA, the Court of Appeals in Washington unanimously rejected every attack. EPA’s reading of the Clean Air Act was “unambiguously correct” and EPA had ample support for its scientific assessment that carbon pollution is causing dangerous warming. The unanimous ruling, by judges spanning the court’s ideological spectrum, is widely regarded as bullet-proof. While the challengers can still appeal to the Supreme Court, no one expects that to succeed.
But other cases stagger on."
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