Commentary on the Advance Notice of Proposed Rulemaking by the Environmental Protection Agency

Futile actions ought not be required by law. Since no actions contemplated by the EPA would, in fact, have any measureable impact on overall greenhouse gas concentrations and thus on either global temperature and or future sea levels, assuming for the sake of argument that the former are related to the latter, the EPA ought not to regulate CO2.

The judicial system refers to this point as the issue of redressability. Any regulations proposed or implemented ought to be likely to redress, prevent, correct or reduce the harm from the action being regulated. This condition is not met and for this reason alone, the EPA ought not to regulate CO2 emissions.