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There has to be a pollutant argument".
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The opinion, backed by Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, and David Souter, rejected the government's argument that CO2 was not a pollutant requiring control under the Act's broad language.
Nor is there merit in the argument that the technology for controlling these pollutants is not available.
It seems like a great counter-argument to the fact that carbon dioxide is a dangerous pollutant – a fact that contrarians often dispute.
Luoma [ 77] arguments that the presence of species tolerant to pollution in a community is a strong evidence that a pollutant is causing adverse effects over it.
A second dissent by the same group, written by Antonin Scalia, attacked the merits of the argument, namely that C02, which does not directly impact humans, could be defined as a pollutant.
The power industry has been in a running argument with the automobile industry over which contributes more to the overall collection of pollutants like oxides of nitrogen or fine particulates.
The heart of the states' argument, legal experts said, comes down, to a certain extent, to semantics: what exactly constitutes a pollutant?
For three years, the E.P.A. also hid behind the argument that it had no authority over carbon dioxide emissions because carbon dioxide was not specifically identified as a pollutant under the Clean Air Act.
Tribe's main argument lies in the claim that Section 111 d) of the Clean Air Act says that the EPA can't regulate an air pollutant if it's already regulating another pollutant from the same source.
(Turbidity is considered a pollutant).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com