Congressional Digest

Supreme Court Debates March 2007 No. 3 Vol. 10
Lower Court Holding

Global Warming

Legal Battles Over Greenhouse Gas Regulation

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Lower Court Holding

Decision of the D.C. Circuit U.S. Court of Appeals

Greenhouse gases trap energy,much like the glass panels of a greenhouse. The earth’s surface is warmed byabsorbing solar energy (visible light). The earth, in turn, radiates infraredenergy (heat) back into space. A portion of the infrared radiation is trappedby greenhouse gas molecules, resulting in additional warming of the loweratmosphere and the earth’s surface. This “greenhouse effect is a naturalphenomenon, without which the planet would be significantly colder and life aswe know it would not be possible.             Petitioners sought to have the Environmental ProtectionAgency (EPA) regulate, under Section 202(a)(1) of the Clean Air Act, carbondioxide, methane, nitrous oxide, and hydrofluorocarbons,…

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