With heightened pleas from the scientific community to achieve net-zero greenhouse gas emissions, legal challenges to environmental regulations have taken on renewed importance. Last term, the U.S. Supreme Court agreed to hear the landmark environmental case, West Virginia v. EPA. [1] The case has vast implications for climate action– the ruling could fundamentally dismantle the federal government’s power to regulate greenhouse gas emissions. [2] However, while the Court’s decision has been strongly rebuked by many, the larger question surrounding it remains whether the Court should have issued a decision at all. The U.S. Supreme Court has historically heard and ruled on cases only where they would resolve a standing injury or harm by ruling on a given case. [3]
Read MoreWith the acceleration of man-made global warming, environmental regulatory frameworks have come under severe scrutiny for not tackling climate issues with enough urgency. The advent of space tourism presents even greater challenges, since environmental regulations must now encompass innovations they were never intended to govern. At the center of this ambiguity is the Clean Air Act (CAA), the landmark 1970 law responsible for regulating U.S. atmospheric pollutants. The CAA laid the groundwork for the Environmental Protection Agency (EPA) to establish air quality standards for a variety of pollutants, including particles whose environmental implications were discovered after the law’s passage. Notably, the CAA does not explicitly regulate any emissions sources, but rather establishes different standards based on the classification of the emission source as either stationary or mobile. [1] However, the growing space tourism industry raises new concerns about the CAA’s regulatory prowess, because space rockets exhibit characteristics of both mobile sources (lower emissions standards) and stationary sources (higher emissions standards). Yet, the CAA does not include a resolution for potential mobile-stationary source classification overlap. [2] Given that technology moguls such as Richard Branson intend to expand space tourism thirty-fold in the next decade, space tourism has the potential to become one of the main contributors to greenhouse gas emissions in the near future. Hence, the classification of rockets as mobile or stationary is incredibly consequential. [3]
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