The bottom line to the court challenges against the EPA is that an agency of government must be held accountable. There are rules, checks and balances against unilateral regulatory mandates under the U.S. Constitution. It is perhaps for this reason that the U.S. Senate failed to ratify Kyoto – it’s untenable in a constitutional republic to surrender oversight and authority to unelected regulators, particularly those like the UN who are not subject to U.S. court jurisdiction.
Perhaps the congressional failure to embrace the global warming mantra is more about science and economics. Man-made global warming is widely and increasingly questionable as “settled science.” New regulations – like those in the U.S. under the EPA and those enforced by the UN under Kyoto – cripple the ability of nations to create jobs and sustain economic vitality. So why pay in billions of dollars and millions of jobs for regulations that are not proven to actually benefit the environment?
The bigger question is, will the United States submit to UN “court jurisdiction” over its economic and environmental policies going forward, as pronounced by the Durban conference? If the EPA’s current efforts are an indication, the climate is definitely about to change for the worse.