When judges set policy

06/30/2014
Environmental policy set by judges can thrill lawyers but confound everyone else. This, of course, explains the energetic litigiousness of environmental groups unable to work their will politically. US policy related to climate change comes increasingly from the judicial system. Congress wisely refuses to impose economic hardship as a precaution against postulated overheating of the planet. Taxing carbon, by one means or another, and replacing cheap energy with expensive alternatives would raise energy costs painfully. This is certain. Payoff, in the form of meaningfully avoided warming, is conjectural. Political outcomes pointedly and consistently reflect strong American distaste for sac...
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