The alleged authority simply does not exist. The Clean Air Act mentions CO2 but none of the references are in a regulatory context. There are no directives from Congress for EPA to use the Clean Air Act to settle what is essentially an international political issue. The panel decision grasped this reality, and the full court's decision to not get further involved is a reconfirmation that this an issue that is best addressed by Congress rather than a regulatory agency or the federal courts.
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