https://www.americanthinker.com/articles/2018/08/the_supreme_court_clean_energy_and_the_clean_air_act.html
When we hear about “clean” energy these days, it generally refers only to solar and wind, which do not emit CO2. CO2 is never mentioned as a “criteria pollutant” in the Clean Air Act or any amendment. Yet in 2007, the Supreme Court of the United States, in a 5-4 decision in the case of Massachusetts v. EPA, declared CO2 a Clean Air Act pollutant. I wonder how many have noticed the possibility of a constitutional conflict here.
I note that the designation of “clean energy” evidently does not cover nuclear (or hydro), although these also do not emit CO2 in generating electricity. The reason seems to be mainly ideological. Climate alarmists illogically prefer solar and wind, in spite of their well recognized erratic nature and intermittency – requiring (fossil-fueled, CO2-emitting) standby power plants on the electric grid. These must always be ready to fill any unacceptable supply gaps “when the Sun don’t shine and the wind don’t blow.” A federal investment tax credit and other subsidies also favor S&W in spite of their many shortcomings.
But CO2 is not a pollutant by any stretch of the imagination. CO2 is a natural constituent of Earth’s atmosphere and a vital fertilizer for all growing plants. Without atmospheric CO2, there would be no agriculture and indeed no life on Earth. Its putative impact on the climate is minor. For example, I have shown that CO2 has no definitive influence on sea level rise – even though plaintiff Massachusetts claimed fear of massive inundation to establish “legal standing” in its lawsuit against the EPA.