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Politics : Liberalism: Do You Agree We've Had Enough of It?

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From: Kenneth E. Phillipps9/22/2009 8:20:41 PM
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Climate lawsuits are coming, Gore & Browner warn

Former Vice President Al Gore and current White House climate change czar Carol Browner are warning companies and lawmakers that the courts will step in to regulate greenhouse gases if Congress fails to act.

"All of the discussion has been about the president and the Congress," Gore told journalists at a U.N. press conference Tuesday. "We have a third branch of government: the courts."

He pointed approvingly to a decision issued Monday by the U.S. Court of Appeals for the Second Circuit allowing public-nuisance lawsuits to proceed against companies that produce large amounts of greenhouse gases. (The three-judge panel initially included Judge Sonia Sotomayor, but the two judges resolved the case after she was elevated to the Supreme Court.)

Gore said the trend in the courts was favoring greater regulation. "The Supreme Corurt ruled over a year ago that CO2 emissions are pollution as covered in the Clean Air Act," he said. "The U.S. EPA as a result of that court ruling has the [authority] to mandate reductions….Yes, there would be some efforts in the legislative branch to remove that authority but anything in the legislative branch of that sort would be vetoed by the president."

"Even in the absence of legislation, exisiting law will requiring significant reduction of CO2. As a practical matter, that puts significant pressue on business lobbies resisting legislation to reassess their position," Gore said.

Browner called attention to the same appeals court ruling and also argued that the (electric) train was leaving the station, one way or another.

"The courts are starting to take control of this issue. if they were to follow this out, they would be setting the standards," Browner told reporters at a separate briefing in New York Tuesday. "Obviously, that’s not something that anybody wants….Everything is moving towards getting legislation done because it is the best way to do it."

politico.com
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