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While the ninny-whacks amongst us lament the Supreme Court's lack of scientific sophistication and impliedly its "policy choice" to remediate for global warming, the truth is that the Court issued no such policy ruling and had its science right as far as that impacted the decision. The question was whether the EPA was empowered to regulate auto emissions and other greenhouse gases, and it found that Congress has provided that authority in the Clean Air Act, not whether or how it should be exercised. As the Lexus-Nexus blurb introducing the case notes: "EPA erroneously declined to regulate motor vehicle emissions of greenhouse gases which allegedly contributed to global warming, since the Clean Air Act authorized EPA to regulate such gases and executive policy addressing global warming was irrelevant to EPA's statutory mandate to determine whether the gases contributed to harmful climate change."
CO2 is a pollutant then?