Environmental groups and six states are suing utility companies over greenhouse gas emissions. The claim is that a recent supreme court ruling qualifies carbon dioxide and greenhouse gases as criteria air pollutants, and must therefore be controlled under the clean air act. As has been noted in this blog previously, the EPA recently began research to determine whether or not to regulate greenhouse gas emissions. However, the budget proposal that was just passed by Congress will strip funding and regulatory abilities for the EPA specifically targeted at greenhouse gas emission regulation.
As a result, the groups associated with the lawsuit are threatening to move forward with the case as a "backstop" measure to force greenhouse has regulation. While they would prefer EPA regulation or legislation, they will move forward with the suit in order force action.
Utility companies are claiming the usual industry talking points; regulation will increase cost, loss of jobs and so o and so forth. This threat is certainly an empty one, but it may very well have the intended effect of political entrapment.
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