The 5-4, 2007 SCOTUS opinion in Massachusetts v. EPA enabled EPA to impose the anti-“carbon” agenda under the Clean Air Act. That opinion, and all of the economic and social costs that flowed from it, originated with a petition to EPA by green activists. That petition was then seized upon by activist state attorneys general to create federal policy denied their movement by the policymaking process.
CLW has learned that the forces behind that campaign, once again frustrated by democracy, are working with law enforcement on what is fairly described as the climate industry’s nuclear option. In this context, CLW was intrigued to run across this oldie, one which we all (including the courts) should benefit from dusting off.
As two courts — the !st Circuit and U.S. Supreme Court — have been reminded lately in amicus briefs, about the “climate nuisance” epidemic of which now-Sen. Blumenthal is such a fan: