Saturday, July 5, 2014

Lower court decision with major ramifications

If this goes unchallenged, or perhaps even if it is, it sets a precedent, one that even the five conservative Supreme Court judges may think twice before undoing. Normally the use of cost benefit analysis, required for all executive branch actions since Reagan, and quite wide form of analysis since Bill Clinton issued Executive. Order No. 12,866, pushes public policy  towards moderate or conservative decisions, but in this case the courts interpretation leaves a major barn door open through which to drive many climate mitigation cases, including perhaps some international ones.

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