Friday, December 01, 2006

Global Warming, Intelligent Design, and Moo

[With apologies for the use of mild profanity in this post. . .]

In one of my favorite novels, Jane Smiley’s Moo, there is a scene in which an economist is giving a lecture extolling the virtues of commercial exploitation of what had been a delicate ecosystem in Central America. In the audience, the novel’s main character, the Chairman of the Botany Department (called Chairman X), sits fuming at the economist’s utter disregard for any notion of value other than short-term dollars and cents. Chairman X is so filled with rage that as his hand shoots up to ask the first question after the lecture, he feels himself unable to form any query other than “What kind of ignorant asshole are you?” Yet somehow, when he does open his mouth, he asks a more conventional, less rude question.

In working on my next FindLaw column, which will use the oral argument in Massachusetts v. EPA, the global warming case, as an illustration of what’s wrong with the Supreme Court’s standing doctrine, my eyes fixed on the following piece of double-speak from the Deputy Solicitor General (who shouldn’t himself be blamed for it, since he’s only representing the position of the Bush Administration):

I think one thing that we ought to be able to agree on is there is that there is uncertainty surrounding the phenomenon of global climate change. I think the debate is on which areas are more uncertain than the others. But certainly I think the agency was entitled to conclude, particularly if you take into account the deference this Court should give to that kind of determination, that the scientific uncertainty surrounding the issue of global climate change, surrounding issues of the extent of natural variability in climate, surrounding the issues of impact of climate feedbacks like ocean circulation, and low cloud cover, are permissible considerations for the agency to take into[account].

This statement was offered in defense of EPA’s decision that it is too early even to make a judgment about whether man-made carbon dioxide emissions are a threat warranting regulation and it reminds me of nothing so much as the view of creationists (oh, I’m sorry, I mean intelligent designists) who say that because there is uncertainty over such matters as exactly which Australopithicenes were human ancestors or what all of the intermediate stages were in the development of various complex organs among vertebrates, there is therefore substantial uncertainty about evolution itself. But more directly to the point, the Deputy SG’s argument that “ooh this stuff sure is complicated, better not worry your pretty little lawyer heads about it and leave it to the expert agency, which is patiently waiting to be absolutely sure that global warming has caused catastrophic and irreversible damage” left me wondering how the Justices could bring themselves to ask anything other than “what kind of ignorant asshole are you?” Yet, like Chairman X in Moo, Justice Stevens in fact asked a polite question in response to the above-quoted mush.

12 comments:

David Crowley said...

Maybe Stevens did the right thing, but it would have been MUCH more fun if he asked him what kind of asshole he was. What a way to waste life tenure.

Caleb said...

Perhaps the deputy SG's comment was more offensive because he was telling highly educated people that they "don't know anything" and should leave things "for grown-ups to decide", but isn't that what lawyers do almost everyday? Aren't we (I'll use the term loosely as someone who hasn't written the bar yet) supposed to stand in front of juries and say, roughly, "Excuse me, but what you thought you understood clearly you really don't, in fact you should listen to this person who's explaining it and who helps my case immensely". Or just telling juries that they should have reasonable doubt about something that seemed convincing. I mention this by way of suggesting that the frustration we feel at being told to butt out of the EPA's decision might be similar to that that the legal profession feels from the public at large.

As for creationists, they're certainty that the earth was flat kind of came back to burn them, so they might be entitled to a little extra doubtfull in the future.

Derek said...

It's an odd quote. Obviously it is permissible for the EPA to take uncertainty in the scientific community into account when it makes its decisions. But that means where the uncertainty is negligible or irrelevant to the general issue, the "taking into account" should have little effect.

Obviously he means something more like the actual uncertainty about global climate change is weighty enough to justify the EPA's position. But that claim is certainly not something "we ought to be able to agree on."

It is indeed very like the ID argument. Perhaps, then, we should make a similar concession. The EPA regulates CO2 and other pollutants that contribute to global warming on the condition that such regulations include the explicit disclaimer that "global climate change is just a theory."

Craig J. Albert said...

I'd be more offended if the argument were being advanced in support of a deference argument thatn in support of an Art. III standing argument. One of the implicit problems with standing doctrine is that it often exposes a chicken-and-egg problem: the plaintiff might be able to show grievous injury, but at the end of the trial can't show causation in fact. Does standing depend on showing a minimum level of injury? Or causation? Or a probability based product of the two?

Now, suppose that the thing we really care about in determining standing is quantum of injury alone, rather than causation, and imagine a succession of lawsuits by a line of plaintiffs, each challenging the same action of the same defendant. If P1 loses because he can't prove an element of liability like causation, then even though P2 isn't bound by that determination in the collateral estoppel sense, P2 is educated by P1's loss. P1's loss makes it less likely that P2 will press ahead. A standing rule that requires P1 to show that he's suffering a threshold quantum of harm is a rule that increases the signal-to-noise ratio of the decision in P1's case as heard by P2. So, not only is standing a rule of judicial economy, but it also serves as a signalling device to tell subsequent plaintiffs whether they should sue, and tell defendants whether they should settle.

Jamison Colburn said...

Oh what I wouldn't give for a Justice to ask "What kind of asshole are you" of an assistant SG these days! But consider the following exhange from the oral argument in the case:

JUSTICE SCALIA: [Mr Milkey,] your assertion is that after the pollutant leaves the air and goes up into the stratosphere it is contributing to global warming.

MR. MILKEY: Respectfully, Your Honor, it is not the stratosphere. It's the troposphere.

JUSTICE SCALIA: Troposphere, whatever. I told you before I'm not a scientist. (Laughter.)

JUSTICE SCALIA: That's why I don't want to have to deal with global warming, to tell you the truth.

If this wasn't the EXACT 'self-effacing' tack to take in this case to make the judiciary out to be incompetent or somehow incapable of judging, I don't know what was. I wonder if Justice Scalia will be as incapable of assessing scientific fact the next time a punitive damages award comes to the Court from Pharma's malfeasance or the "economic impact" on a takings claimant is in issue.

Anonymous said...

It is also can not live without eve isk. Here, for the violence or robbery had been friends apologize in the eve online isk. I request members are on the local increase or decrease in the number of judgments quickly in buy isk. The game has a good excellence is that the cheap eve isk. The other side rather than back into the space station is POS, and buy eve online isk.

Anonymous said...

酒店喝酒,禮服店,酒店小姐,制服店,便服店,鋼琴酒吧,兼差,酒店兼差,酒店打工,伴唱小姐,暑假打工,酒店上班,日式酒店,ktv酒店,酒店,酒店公關,酒店小姐,酒店兼差,酒店上班,酒店打工,禮服酒店,禮服店,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,經紀 彩色爆米花,經紀人 彩色爆米花,酒店傳播,酒店經紀 彩色爆米花,爆米花,童裝,童裝拍賣,童裝大盤,童裝寄賣,童裝批貨,酒店,酒店,童裝切貨,酒店,GAP童裝,酒店,酒店 ,禮服店 , 酒店小姐,酒店經紀,酒店兼差,寒暑假打工,招待所,酒店小姐,酒店兼差,寒暑假打工,酒店上班,暑假打工,酒店公關,酒店兼職,酒店經紀

Anonymous said...

看房子,買房子,建商自售,自售,台北新成屋,台北豪宅,新成屋,豪宅,美髮儀器,美髮,儀器,髮型,EMBA,MBA,學位,EMBA,專業認證,認證課程,博士學位,DBA,PHD,在職進修,碩士學位,推廣教育,DBA,進修課程,碩士學位,網路廣告,關鍵字廣告,關鍵字,課程介紹,學分班,文憑,牛樟芝,段木,牛樟菇,日式料理, 台北居酒屋,日本料理,結婚,婚宴場地,推車飲茶,港式點心,尾牙春酒,台北住宿,國內訂房,台北HOTEL,台北婚宴,飯店優惠,台北結婚,場地,住宿,訂房,HOTEL,飯店,造型系列,學位,SEO,婚宴,捷運,學區,美髮,儀器,髮型,看房子,買房子,建商自售,自售,房子,捷運,學區,台北新成屋,台北豪宅,新成屋,豪宅,學位,碩士學位,進修,在職進修, 課程,教育,學位,證照,mba,文憑,學分班,台北住宿,國內訂房,台北HOTEL,台北婚宴,飯店優惠,住宿,訂房,HOTEL,飯店,婚宴,台北住宿,國內訂房,台北HOTEL,台北婚宴,飯店優惠,住宿,訂房,HOTEL,飯店,婚宴,台北住宿,國內訂房,台北HOTEL,台北婚宴,飯店優惠,住宿,訂房,HOTEL,飯店,婚宴,結婚,婚宴場地,推車飲茶,港式點心,尾牙春酒,台北結婚,場地,結婚,場地,推車飲茶,港式點心,尾牙春酒,台北結婚,婚宴場地,結婚,婚宴場地,推車飲茶,港式點心,尾牙春酒,台北結婚,場地,居酒屋,燒烤,美髮,儀器,髮型,美髮,儀器,髮型,美髮,儀器,髮型,美髮,儀器,髮型,小套房,小套房,進修,在職進修,留學,證照,MBA,EMBA,留學,MBA,EMBA,留學,進修,在職進修,牛樟芝,段木,牛樟菇,關鍵字排名,網路行銷,PMP,在職專班,研究所在職專班,碩士在職專班,PMP,證照,在職專班,研究所在職專班,碩士在職專班,SEO,廣告,關鍵字,關鍵字排名,網路行銷,網頁設計,網站設計,網站排名,搜尋引擎,網路廣告,SEO,廣告,關鍵字,關鍵字排名,網路行銷,網頁設計,網站設計,網站排名,搜尋引擎,網路廣告,SEO,廣告,關鍵字,關鍵字排名,網路行銷,網頁設計,網站設計,網站排名,搜尋引擎,網路廣告,SEO,廣告,關鍵字,關鍵字排名,網路行銷,網頁設計,網站設計,網站排名,搜尋引擎,網路廣告,EMBA,MBA,PMP
,在職進修,專案管理,出國留學,EMBA,MBA,PMP
,在職進修,專案管理,出國留學,EMBA,MBA,PMP,在職進修,專案管理,出國留學,婚宴,婚宴,婚宴,婚宴,漢高資訊,漢高資訊,比利時,比利時聯合商學院,宜蘭民宿,台東民宿,澎湖民宿,墾丁民宿,花蓮民宿,SEO,找工作

住宿,民宿,飯宿,住宿,民宿,美容,美髮,整形,造型,美容,室內設計,室內設計,室內設計,室內設計,室內設計,漢高資訊,在職進修,漢高資訊,在職進修,漢高資訊,在職進修,漢高資訊,在職進修,漢高資訊,在職進修,住宿,民宿,飯店,旅遊,美容,美髮,整形,造型,設計,室內設計,裝潢,房地產,進修,在職進修,MBA,EMBA,羅志祥,周杰倫,五月天,蔡依林,林志玲,羅志祥,周杰倫,五月天,蔡依林,林志玲,羅志祥,羅志祥,周杰倫,五月天,蔡依林,住宿,民宿,飯宿,旅遊,住宿,民宿,飯宿,旅遊,美髮,整形,造型,美容,美髮,整形,造型,設計,室內設計,裝潢,房地產,設計,室內設計,裝潢,房地產,比利時聯合商學院,在職進修,MBA,EMBA,比利時聯合商學院,在職進修,MBA,EMBA,漢高資訊

Anonymous said...

www.eshooes.com .
www.pumafr.com.
www.myshoess.com.

www.eshooes.com .
www.pumafr.com.
www.myshoess.com.
[url=http://www.pumafr.com]puma shoes[/url]
[url=http://www.eshooes.com]chaussures puma[/url]
[url=http://www.myshoess.com]nike air max ltd[/url]

Anonymous said...

酒店經紀人,
菲梵酒店經紀,
酒店經紀,
禮服酒店上班,
酒店小姐兼職,
便服酒店經紀,
酒店打工經紀,
制服酒店工作,
專業酒店經紀,
合法酒店經紀,
酒店暑假打工,
酒店寒假打工,
酒店經紀人,
菲梵酒店經紀,
酒店經紀,
禮服酒店上班,
酒店經紀人,
菲梵酒店經紀,
酒店經紀,
禮服酒店上班,
酒店小姐兼職,
便服酒店工作,
酒店打工經紀,
制服酒店經紀,
專業酒店經紀,
合法酒店經紀,
酒店暑假打工,
酒店寒假打工,
酒店經紀人,
菲梵酒店經紀,
酒店經紀,
禮服酒店上班,
酒店小姐兼職,
便服酒店工作,
酒店打工經紀,
制服酒店經紀,

,

Anonymous said...

UGG Baby Erin
Buy Ugg Boots
sand ugg mini
ugg cardy oatmeal
UGG Bailey Button
UGG Bailey Button Black
UGG Bailey Button Grey
UGG Bailey Button chocolate
UGG Classic Tall

Kitty said...

ドM40代出会い系 ♪ ドエムギャル系人妻と出会える ♪ 不倫希望エロ妻完全無料出会い ♪ 割り切った若妻即エッチ出会い ♪ 割り切った新妻無料出会い系 ♪ ヤリマン人妻完全無料出会い ♪ エッチ好きギャル妻完全無料出会い ♪ セフレ希望主婦と出会える ♪ SEX好き主婦出会い掲示板 ♪ エッチ好き主婦即アポ出会い ♪ 割切りギャル系人妻完全無料出会い ♪ 不倫希望40代即アポ出会い ♪ やりまんギャル系人妻即アポ出会い ♪ 浮気新妻とやれる ♪ 淫乱ギャル系人妻出逢い ♪ セフレ募集人妻無料出会い系 ♪ やりまんギャル妻とやれる出会い系 ♪ ドエム人妻出会い系サイト ♪ 淫乱ギャル妻とやれる出会い系 ♪ 不倫希望人妻出逢い ♪