Thursday, September 20, 2007

Not So Fast

California sued six auto companies for manufacturing vehicles that create greenhouse gasses. It was a lawsuit that only the Sierra Club and Mark Udall could have loved. The Gazette had a very good editorial on it today.

U.S. District Judge Martin J. Jenkins ruled that the courts aren’t the venue to settle arguments over how much automobiles contribute to greenhouse gases, which the state contends damage the environment by heating the atmosphere. Congress and the federal Environmental Protection Agency are the proper bodies to take up that issue, the judge ruled.

The state asked the court to “balance the competing interests of reducing global-warming emissions and the interests of advancing and preserving economic and industrial development.” But “balancing of those competing interests is the type of initial policy determination to be made by the political branches, not this court,” Jenkins wrote.

Anyone who thinks that the issue is closed hasn't remembered that the 9th Circus will have its say. This will very likely be settled in the Supreme Court.

It is time to think about the kind of Justice that Mark Udall would vote to confirm if he were in the Senate. Would he want a Justice who allowed states to destroy major industries in court on questionable science, or would he require, as Judge Jenkins did, that the issue be settled by the Congress. History suggests that Udall would choose to try to destroy the economy through court action.

Annoy Mark Udall and the Sierra Club today. THINK!

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