"At issue is whether a small group of individuals and environmental organizations can dictate through private tort litigation the economic, energy, and environmental policies of the entire nation," wrote National Association of Manufacturers spokesman Jeff Ostermeyer in an email. Granting the plaintiffs' demands, he added, "would carry serious and immediate consequences for industrial and economic productivity -- increasing manufacturing and transportation costs and decreasing global competitiveness." The manufacturers' legal brief says the restrictions being sought "could substantially eliminate the use of conventional energy in this country." It also argues that the plaintiffs haven't proved they have a legal right to sue.
The plaintiffs contend that they have standing to sue under the "public trust doctrine," a legal theory that in past years has helped protect waterways and wildlife. It's the reason, for example, that some state government agencies issue licenses to catch fish or shoot deer, particularly when populations are declining. The doctrine has never before been applied to the atmosphere, and it's a trickier prospect, not least because the sources of atmospheric pollution are so diffuse and wide-ranging, extending to other countries whose actions the United States may not be able to influence.
Interesting.
That's all.
