| Within the past couple years, several
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| | under the Clean Air Act and they have a
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| states and organizations have filed toxic
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| | responsibility to regulate it via cleaner
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| gas lawsuits against the US Environmental
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| | burning cars.
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| Protection Agency (EPA). The central
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| | The Bush Administration and the EPA tried
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| argument centers on the interpretation of
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| | to argue that carbon emissions were
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| the 1970 Clean Air Act, how to define and
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| | beyond the control of the EPA as outlined
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| regulate "air pollutants", and if it is
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| | in the Clean Air Act. The section of the
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| the responsibility of the EPA to do so.
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| | Clean Air Act under debate was the
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| The first of these lawsuits was filed
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| | wording that it is the responsibility of
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| back in 2005 in the D.C District Court of
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| | the EPA administrator to set emission
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| Appeals by groups such as the Sierra Club
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| | standards for "any air pollutant" from
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| and the Environmental Integrity Project.
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| | motor vehicles which in his/her judgment
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| The toxic gases under question in this
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| | contributes to air pollution and affects
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| lawsuit were the harmful pollutants
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| | public health/welfare.
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| emitted from concentrated animal feeding
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| | The Administrations approach for
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| operations which include ammonia gas,
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| | emissions was the same as with the
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| hydrogen sulfide, and fine dust
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| | concentrated animal feeding operations:
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| particles. The plaintiffs argue that
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| | do nothing and let the major auto
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| these feeding operations are not like
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| | companies work amongst themselves to find
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| traditional family farms of the past, but
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| | a solution to the carbon dioxide problem.
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| are instead very large corporate run
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| | The EPA administrator also debated
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| operations which pack large numbers of
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| | whether man made carbon dioxide emissions
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| animals into very small spaces.
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| | was the real cause of global warming,
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| The result is the emission of these toxic
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| | despite existing scientific evidence
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| gases in large quantities into the
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| | which already supports this theory. This
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| environment on a yearly basis which have
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| | lawsuit was debated by lower courts
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| all been linked to causing respiratory
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| | trying to decide if the plaintiffs had
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| illness. In its defense, the EPA claims
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| | legal standing, and although the District
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| that it is working with the Bush
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| | of Columbia Circuit Court ruled in favor
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| Administration as part of the sweetheart
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| | of the EPA the case was eventually
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| deal to monitor the progress of these
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| | brought before the Supreme Court.
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| concentrated animal feeding operations to
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| | According to the Supreme Court ruling it
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| clean up their acts on their own over a
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| | was decided that the plaintiffs had a
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| number of years.
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| | valid case, and that under the Clean Air
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| This wait and see approach is what led to
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| | Act carbon dioxide was an air pollutant
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| the next set of toxic gas lawsuits filed
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| | of public health concern.
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| against the EPA, although this time the
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| | The EPA is now obligated to begin
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| issue was emissions gas and global
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| | limiting tailpipe emissions beginning
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| warming. This most recent lawsuit was
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| | with the 2009 model year. Part of this
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| filed towards the end of 2006 and names
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| | process will be reducing the escape of
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| California, New Hampshire, Pennsylvania,
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| | toxic gases from fuel cans by creating a
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| Illinois, Maine, Massachusetts, Rhode
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| | tighter seal on the lids. Automakers will
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| Island, Connecticut, New Jersey, New
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| | also be restricted to the amount of
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| York, Washington, Vermont, and Oregon, as
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| | benzene added to gasoline to ensure
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| well as Baltimore, the District of
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| | proper engine combustion. Benzene is a
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| Columbia, and the Sierra Club as
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| | carcinogen linked to anemia and reduced
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| plaintiffs.
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| | blood cell counts, and the new measures
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| The argument is whether or not carbon
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| | taking place by 2011 ensure that
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| dioxide is considered an air pollutant
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| | automakers are taking positive steps to
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| leading to global warming, and if the EPA
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| | make their vehicles more environmentally
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| should be doing more to regulate carbon
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| | friendly.
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| dioxide emissions. The plaintiff's case
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| | It is expected to take until 2030 for
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| is that carbon dioxide must be considered
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| | full compliance on the new measures to
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| an air pollutant since it has been
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| | take effect, but the EPA feels that these
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| scientifically proven to be the principal
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| | stricter standards will lead to billions
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| greenhouse gas affecting global warming.
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| | of dollars in health care savings and
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| They feel that this definition of carbon
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| | reduced toxic gas emissions by over
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| dioxide as a threat to public safety puts
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| | 300,000 tons.
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| it within the jurisdiction of the EPA
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