Lawsuits may seem like a
quixotic—or even counterproductive—strategy for tackling a problem as big as
global warming, but lately they seem to be working. Last week, the EPA's appeals
board blocked the permit for a new coal-fired plant in Utah, ruling
that before the EPA handed out any more permits, the agency needed to determine
whether the coal plants should employ "best available control technology" for carbon-dioxide emissions. The decision was, in effect, an implementation of the Supreme
Court's ruling in Massachusetts v. EPA last year, which effectively held that the EPA has a
responsibility, under the Clean Air Act, to regulate greenhouse-gas emissions.
But, given that climate change affects just about every facet of the
global environment, why stop at using the Clean Air Act? That seems to be the legal philosophy of the Center for Biological
Diversity (CBD), one of the three organizations that sued to have the polar bear
listed under the Endangered Species Act, hoping to use the connection between
the loss of Arctic sea ice and the bear's decline as a legal argument for
limiting emissions. The polar-bear lawsuit was only partially successful—the bear
was listed as
threatened, but Interior Secretary Dirk Kempthorne announced that his agency
would make no move to regulate greenhouse-gas emissions as a result. Now, though, the CBD
has announced its plans to file another climate lawsuit, this time using the Clean Water
Act. Their argument is that rising atmospheric carbon-dioxide levels are causing ocean
acidification, a form of water pollution that the Clean Water Act requires the
EPA to regulate.
It's an argument grounded firmly in science. The world's
oceans have absorbed roughly half of all the carbon dioxide that humans have
emitted since the beginning of the industrial revolution, a process that has
caused the average pH of ocean water to drop by about 0.1 units. If carbon-dioxide
emissions keep rising at their current rate, the result will be another
0.3 to 0.4 unit pH drop by the end of the century—which doesn't sound like a big
deal until you remember that pH is expressed on a logarithmic scale. Ocean
acidification makes it harder for marine organisms to build shells from calcium
carbonate. It is already killing coral, and it could start to affect some of the hard-shelled plankton at the very
bottom of the ocean food chain.
None of this exactly means that the
Clean Water Act is the best reason for the EPA to start regulating carbon-dioxide emissions. Nor is it particularly clear, especially after last week,
that the EPA really needs yet another legal reason to start regulating carbon dioxide. But
you've got to hand it to the CBD for being persistent—and for making it tough
to ignore the fact that there's hardly an inch of the globe, even underwater, that greenhouse-gas
emissions aren't starting to impact.
--Rob Inglis, High Country
News