Tomorrow, we may see a courtโthe highest in the landโflout precedent for partisan ends in its ruling on President Obamaโs signature health careย law.
However, in the meantime, we can rejoice that the U.S. Court of Appeals for the District of Columbia Circuit understands how to weigh complicated science-policy issues without partisanship orย bias.
The D.C. Circuit recently came down with a long expected ruling on an industry and state attorneys general challenge to the EPAโs Endangerment Finding, as well as a number of other actions regarding greenhouse gas regulations. These representatives of red states (including Ken Cuccinelli) and affected corporations argued that EPA was in the wrong to determine that greenhouse gases endanger public health and welfare, and thus must be regulated. Rather, they argued, EPA had come up with an arbitrary and capricious reading of climate scienceโand was set to unleash an onerous regulatory regime on this misguidedย basis.
To put it simply, for this charge to be true, all the experts on global warming would have to be wrong. Because thatโs precisely who EPA relied onโincluding the IPCC, the U.S. Global Change Research Program, and the National Academy ofย Sciences.
What the D.C. Circuit opinion does, basically, is to show that EPA is absolutely right to trust the experts, and to ignore the deniers, in deciding what the science of global warming says. That makes the D.C. Circuit opinion a resounding defense of science and its relevance to policyโin many ways on a par with other such legal classics, like Judge Jonesโ decision in the Dover evolutionย trial.
Perhaps most quotable is the courtโs devastating retort to the idea that EPA shouldnโt be relying on expert scientific assessments to make its judgment about whether humans are causing globalย warming:
State and Industry Petitioners assert that EPA improperly โdelegatedโ its judgment to the ย IPCC, USGCRP, and NRC by relying on these assessments of climate-change science. This argument is little more than a semantic trick. EPA did not delegate, explicitly or otherwise, any decision-making to any of those entities. EPA simply did here what it and other decisionmakers often must do to make a science-based judgment: it sought out and reviewed existing scientific evidence to determine whether a particular finding was warranted. It makes no difference that much of the scientific evidence in large part consisted of โsynthesesโ of individual studies and research. Even individual studies and research papers often synthesize past work in an area and then build upon it. This is how science works. EPA is not required to re-prove the existence of the atom every time it approaches a scientificย question.
Heh. Science deniers, as we know, are capable of arguing anything, due to the power of motivated reasoningโwhich, essentially, makes you act like a lawyer rather than a scientist. That includes engaging in all manner of โsemantic tricks.โ But outside observers who arenโt so motivatedโwhich courts ought to beโtend to see right through it. So this smackdown is richlyย deserved.
Arguably better yet is the courtโs response to the claim that thereโs too much scientific โuncertaintyโ for EPA to regulate greenhouse gases: ย ย ย ย ย ย ย
[Industry petitioners] contend that the record evidences too much uncertainty to support that judgment. But the existence of some uncertainty does not, without more, warrant invalidation of an endangerment finding. If a statute is โprecautionary in natureโ and โdesigned to protect the public health,โ and the relevant evidence is โdifficult to come by, uncertain, or conflicting because it is on the frontiers of scientific knowledge,โ EPA need not provide โrigorous step-by-step proof of cause and effectโ to support an endangermentย finding.
Honestly, by any reasonable assessment we are actually pretty darn certain now that humans are causing global warming. But in any event, the Clean Air Act doesnโt require scientific certainty before EPA can act. If it did, nothing would ever get doneโas those who wrote the law knew veryย well.
Nor does administrative law require that courts, like the D.C. Circuit, second-guess expert agencies like EPA when it comes to what counts as science. Letโs quote the D.C. Circuit one lastย time:
In the end, Petitioners are asking us to re-weigh the scientific evidence before EPA and reach our own conclusion. This is not our role. As with other reviews of administrative proceedings, we do not determine the convincing force of evidence, nor the conclusion it should support, but only whether the conclusion reached by EPA is supported by substantial evidence when considered on the record as a whole. When EPA evaluates scientific evidence in its bailiwick, we ask only that it take the scientific record into account โin a rational manner.โ Industry Petitioners have not shown that EPA failed to do soย here.
And so, once again, when climate denier claims are subjected to serious and careful intellectual scrutinyโrather than handled carelessly in the mediaโthey flop bigย time.
You can read the full D.C. Circuit opinion here.
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