by John O'Sullivan
The world’s largest private sector coal business, the Peabody Energy Company (PEC) has filed a mammoth 240-page “Petition for Reconsideration,†a full-blown legal challenge against the U.S. Environmental Protection Agency.
The petition must be answered and covers the entire body of leaked emails from ‘Climategate’ as well as those other ‘gate’ revelations including the frauds allegedly perpetrated under such sub-headings as ‘Himalayan Glaciers,’ ‘African Agricultural Production,’ ‘Amazon Rain Forests,’ ‘Melting Mountain Ice,’ ‘Netherlands Below Sea Level’ as well as those much-publicized abuses of the peer-review literature and so called ‘gray literature.’ These powerful litigants also draw attention to the proven criminal conduct by climate scientists in refusing to honor Freedom of Information law (FOIA) requests.
Peabody is, in effect, challenging the right of the current U.S. federal government to introduce cap and trade regulations by the ‘back door.’ In this article we summarize Peabody’s legal writ.
PEC has pulled out all the stops to overturn the EPA findings ‘Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act’ made on December 7, 2009. Those findings were in turn premised on the Supreme Court decision of April 2, 2007 of Massachusetts v. EPA, 549 U.S. 497 (2007), where the court ruled that greenhouse gases are air pollutants covered by the Clean Air Act.
snipAmong their submissions the PEC legal team attacks the “Nice Tidy Story of Unprecedented 20th Century Warmth†using emails written while climatologists were making preparations for the Third IPCC report.
http://www.climategate.com/worlds-biggest-coal-company-brings-us-government-to-court-in-climate-fraud