November 08, 2007

U. of Illinois lawprof Andrew P. Morriss calls it a "astounding invitation to interest groups and lawyers to help themselves to taxpayers' money":

[One part of the bill] makes sure the agencies buy the [carbon] offsets by authorizing virtually anyone to sue the government for "harm" caused by any "federal agency's failure to reduce its greenhouse gas emissions" as required by the law.

The bill defines harm extraordinarily broadly: "any effect of global warming, currently occurring or at risk of occurring, and the incremental exacerbation of any such effect or risk that is associated with relatively small increments of greenhouse gas emissions, even if the effect or risk is widely shared."

What do you get if you win? Cash, which can "be used for a beneficial mitigation project recommended by the plaintiff or to compensate the plaintiff for any impact from global warming suffered by the plaintiff."