Thursday, June 7, 2012

Legislating Climate Science

Much to my chagrin, a number of people have forwarded me information about a proposal in my new home state:  a bill that would require the following of sea-level rise estimates:

"These rates shall only be determined using historical data, and these data shall be limited to the time period following the year 1900. Rates of sea-level rise may be extrapolated linearly to estimate future rates of rise but shall not include scenarios of accelerated rates of sea-level rise."

In the past, I've taken the position that unless there's some special interest at stake (like suspect classifications or fundamental rights), courts ought to be reluctant to interfere when legislatures make policy decisions based on faulty science.  On the other hand, a legislature getting science plain wrong might signal no rational basis.  Is there room for that analysis here?

At the very least, this is a reminder that courts often provide a check that's too little, too late.

-Emily Meazell

http://lawprofessors.typepad.com/environmental_law/2012/06/legislating-science.html

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