Back to Court for the EPA and Greenhouse Gas Regulations?

The Post Carbon blog at the Washington Post reports that Fred Upton, the incoming chair of the House Energy and Commerce Committee, doesn't want the EPA to implement regulations to control greenhouse gas emissions. Upton and Tim Phillips of the industry group Americans for Prosperity published an op-ed in the Wall Street Journal (which is behind a firewall). They seem to think the issue needs to be litigated further:

Upton and Phillips complain that EPA -- despite the regulatory power given to it in 2007 under a Supreme Court interpretation of the Clean Air Act -- should await the outcome of further litigation about the way EPA is going about exercising that regulatory authority.

To recap, the Supreme Court handed down a decision that the EPA was required to act on GHG emissions based on a law passed by Congress, the Clean Air Act. The Bush administration argued the case and lost. Meanwhile the planet continues to heat up, as Dave Leonhardt writes in his New York Times blog:

2010 remains on pace to be the hottest or second-hottest year ever recorded, according to NASA.

The chart, which represents thousands of measurements, shows a clear upward trend in the last 30 years.