US Supreme Court to hear first Greenhouse-gas case

After facing indifference from federal government, a coalition of 12 US states, three cities and several environmental groups has eventually taken the contentious global warming debate to the Supreme Court.

The issue is that the US Environmental Protection Agency (EPA) does not regulate the carbon dioxide as a pollutant under the federal Clean Air Act, despite scientific evidence that links this heavy odorless colorless chemical compound to greenhouse gases and global warming.

California, Massachusetts and many other states and environmental groups seeking nationwide cuts in greenhouse gas emissions had long been urging EPA to adopt restrictions on carbon dioxide emissions, the major contributor to global warming.

But, EPA, the government's anti-pollution watchdog, has always showed its inability saying it lacks authority under the Clean Air Act to do so.

On contrary, the alliance is contending that the EPA has showed negligence in enforcing the Clean Air Act properly. Under the 1970 law, CO2 is an air pollutant that is hazardous for public health and the EPA must regulate it, law said.

In their filing, the petitioners demanded that emissions of CO2 should be regulated by the federal government and EPA should regulate carbon dioxide as a pollutant under the 1970 amendments to the Clean Air Act.

It took the alliance six years to bring the lawsuit, Massachusetts vs. EPA, before the US Supreme Court. "There are compelling reasons for the court to join the issue now," Massachusetts Attorney General Thomas Reilly said in a brief on behalf of the alliance.

The Court is to hear arguments today in a case which could have wide-ranging impact on federal, state and local efforts to put checks on industrial emissions. EPA is getting support of Michigan, home of the U.S. auto industry, and eight other states.

The Clean Air Act, which is intended to reduce air pollution and protect air quality, specifically mentions six "priority air pollutants": ozone, sulfur dioxide, respirable particulate matter, nitrogen dioxide (NO2), carbon monoxide (CO), and lead, but not carbon dioxide, which is produced in nature and created by autos, factories and power plants as well.

Carbon dioxide is produced when fossil fuels such as coal, petroleum and natural gas are burnt. Burning fossil fuels is a main cause of air pollution. It is the principal "greenhouse" gas that many scientists believe is flowing into the atmosphere at an unprecedented rate, leading to the warming of the Earth and widespread ecological changes. One way to reduce those emissions is to have cleaner-burning cars.

The Bush administration backed by its own cartel of 10 states, automakers, utility companies and other industries, also argues that CO2 is a natural substance and cannot be considered a pollutant under the Clean Air Act.

Though, President Bush has acknowledged human-induced greenhouse gases' damages the atmosphere, but, instead of mandatory emissions targets that could have negative impact on the economy, he has favored a voluntary system of emissions control.

US President remained outside the international Kyoto Protocol agreement which sets limits on countries' emissions.

A ruling on the case from the Supreme Court is expected by June 2007.