The factual record for the case was developed back in 1999 when the case was commenced. Much has occured with respect to the science of Global Warming since then. I haven’t read the Court’s Opinion yet. But already some commentators are questioning the opinion as yet another example of Judicial Activism.
I read an interesting Article in the Wall Street Journal today by Clint Bolick, who is well known for his legal work in the area of school choice. The Article is Linked Here. Bolick argues that Judicial activism is a proper role for the Judiciary, when it is curbing unlawful actions of the legislative and executive branches. Judicial Lawlessness is another problem. It’s when the court exceeds its authority, and becomes a policy-making branch of government itself.
Is that what the court has done again with its most recent decision on whether Carbon Dioxide is a “pollutant” ?