“We have just concluded a constitutional analysis of proposed federal regulation of greenhouse gases (GHG), and it is our view that these regulations run the risk of being unconstitutional.”
Alastair R. Lucas and Jenette Yearsley write in the Financial Post:
…There is little doubt that direct and discrete federal GHG emissions prohibitions are valid as criminal law. But if the constitutional attack focuses on the complex regulatory compliance provisions, a different picture emerges — one that suggests that laws such as the amended federal Clean Air Act would not be within federal constitutional jurisdiction. A similar picture emerges when Ottawa tries to regulate electricity-generation emissions…