On the recordMarch 31, 2011
Madam President, briefly, with regard to the debate over the limitations of CO<INF>2</INF>, global warming gases, and the Environmental Protection Agency, Congress has never made a decision on this. The way it came out, in my view, is an example of judicial activism and a dangerous end run around popular sovereignty in America. Forty years ago, Congress passed the Clean Air Act. That act was designed to deal with particulates and mercury and NO<INF>X</INF> and SO<INF>X</INF>--things determined to be pollutants. There was no thought at that time that carbon, or CO<INF>2</INF>, was a warming gas that would create global warming. It was before the global warming discussion really ever was generated. Congress had no intention whatsoever to say that carbon dioxide, which is a plant food, which is not harmless to human beings and had never been classified as a pollutant, would be placed under the total control of the Environmental Protection Agency. But later an activist Supreme Court--5-to-4--seemed to say, but not with perfect clarity, that because now we know or we think some say that CO<INF>2</INF> is a global warming gas that could cause global warming, the EPA must regulate what really is a plant food and had never been considered to be a pollutant. I think Congress needs to act. I think Congress needs to assume responsibility. We need to say: No, we are not prepared to direct that the Environmental Protection Agency control all CO<INF>2</INF> emissions in the country.…





