Republicans in the U.S. Congress are gearing up to block any major move by the Environmental Protection Agency to regulate greenhouse gases–even though the Supreme Court ordered the agency to do so back in 2007. And even though the Congress itself is clearly not going to do anything else to address the problem in the next two years.
But yesterday we learned there’s a paradox at the heart of this obstructionist strategy. If the EPA doesn’t act or is hamstrung–and if Congress continues to dawdle–then guess what? A new global warming case just taken up by the Supreme Court may therefore stand a better chance of surviving the highest level of review—thus providing another possible way of restricting and punishing the polluters who are contributing to climate change.