Editorial: Regulating in court

“If the facts aren’t with you,” says legendary guidance to lawyers, “argue the law.” That’s what 12 state governments and a handful of cities are doing with litigation seeking to set US policy on climate change.The plaintiffs want the Environmental Protection Agency to regulate greenhouse gases as air pollutants under the Clean Air Act. EPA in 2003 rejected a petition for that kind of regulation, saying it lacked authority from Congress. Plaintiffs in the current case, before the US Court of Appeals for the District of Columbia Circuit, argue EPA never justified its decision.Measurable thresholdsWhat needs justification here? Clean Air Act regulation ad...

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