After reading the bad (though not surprising) news that the D.C. Court of Appeals ruled that EPA doesn’t have to regulate CO₂ as a pollutant, my first instinct was to track down the actual text of the opinion and totally take it apart. I was saved a great deal of time and no small number of gray hairs when I discovered that Chris Mooney had already done so.

The only thing that I can think of to add to Mooney’s deconstruction is the actual text of the Clean Air Act § 202(a)(1), which reads:

Sec. 202. (a) Except as otherwise provided in subsection (b)-
(1) The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under subsection (d), relating to useful life of vehicles for purposes of certification), whether such vehicles and engines are designed as complete systems or incorporate devices to prevent or control such pollution.

Emphasis mine.