mamooth
Diamond Member
Bunches of denier politicians have had their states sue the EPA, saying they can't regulate greenhouse gases. One court in Nebraska just dismissed that state's lawsuit, which bodes ill for the lawsuits from the other states.
http://d35brb9zkkbdsd.cloudfront.net/wp-content/uploads/2014/10/NebraskaDismissal.pdf
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As the EPA points out, the State of Nebraska's attempt to short-circuit the administrative
rulemaking process runs contrary to basic, well-understood administrative law. Simply
stated, the State cannot sue in federal court to challenge a rule that the EPA has not yet
actually made.
Accordingly, the Court will grant the EPA's motion and this case will be dismissed.
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So, the court didn't flat out say "No" to Nebraska. Instead, they said that the state can't sue until the rules are finalized, since they have nothing to sue over now. That effectively kicks the can down the road another 2 years. And time is not on the side of the deniers.
http://d35brb9zkkbdsd.cloudfront.net/wp-content/uploads/2014/10/NebraskaDismissal.pdf
---
As the EPA points out, the State of Nebraska's attempt to short-circuit the administrative
rulemaking process runs contrary to basic, well-understood administrative law. Simply
stated, the State cannot sue in federal court to challenge a rule that the EPA has not yet
actually made.
Accordingly, the Court will grant the EPA's motion and this case will be dismissed.
---
So, the court didn't flat out say "No" to Nebraska. Instead, they said that the state can't sue until the rules are finalized, since they have nothing to sue over now. That effectively kicks the can down the road another 2 years. And time is not on the side of the deniers.