President Obama apparently intends for the proposed EPA endangerment finding on CO2 to spur tort claims against emitters.
According to Carbon Control News (Aug. 4):
Industry attorneys are calling on EPA to include language in its final greenhouse gas (GHG) endangerment finding banning GHG tort claims filed in response to the finding, fearing the document may cause a flood of new common law damages claims that the attorneys say could impose significant transaction costs even if eventually dismissed.
But the industry call may face hurdles as the Obama administration has already signaled in federal rules and other policy documents its reluctance to preempt such litigation.
Perhaps the upside is that the rest of us will be able to sue Al Gore for breathing.