To combat the increase in greenhouse gases being released into the atmosphere, the federal government regulates individuals' and companies' output of heat-trapping gases like carbon dioxide. Conversely, litigation against the federal government on this topic is on the rise. A new report by DB Climate Change Advisors says the largest increase in litigation has been in the area of challenges to federal action, specifically industry challenges to proposed E.P.A. efforts to regulate greenhouse gas emissions.
This shows the catch-22 that can happen with government regulation. The government regulates a behavior that it considers harmful to the welfare of the general public, in this case the emission of greenhouse gases. But if this regulation is unreasonable, the government can be the subject of mass discontent and legal action. It is necessary for the federal government to use regulation not as a mode of punishing others, but as a tool to encourage more positive behaviors.
http://green.blogs.nytimes.com/2010/11/03/a-surge-in-lawsuits-challenges-e-p-a-on-climate/?scp=7&sq=regulation&st=cse
By Stephanie Doctrow
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