Heavy industry groups and states argued in a federal court on Tuesday that U.S. environmental regulators had used faulty science in determining that greenhouse gas emissions endangered human health in the latest attempt to dismantle the Obama administration's rules on the emissions.
During the first of two days of arguments on a case that seeks to overturn Environmental Protection Agency regulations, Harry MacDougald, a lawyer for the petitioners, said uncertain evidence was used to reach "90 percent" certainty that human emissions are responsible for harmful climate change.
Too bad the judges aren't buying it.
The three judges hearing the case appeared to resist deciding on whether the EPA's science was sufficient, with U.S. Circuit Judge David Tatel pointing out the agency had found the science certain enough.
"To win here, you have to make an argument that EPA's decision is actually arbitrary and capricious," Tatel said.
But it doesn't matter, of course. No matter what the decision here, the case will be decided by SCOTUS eventually and given the fact that in practically every major business law case before the Roberts court that the court has sided with big business, I don't see anything being different here. At the very least they stall until a new President comes in and tells the EPA to go suck on a smokestack and the regs are dropped. That's certainly what business wants to see happen, and you can bet these same lobbies are giving heavily to see President Obama defeated.
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