Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 2012 Climate Change, Political Truth, and the Marketplace of Ideas Karl S. Coplan Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Environmental Law Commons, and the Science and Technology Law Commons Recommended Citation Karl S. Coplan, Climate Change, Political Truth, and the Marketplace of Ideas, 2012 Utah L. Rev. 545, http://digitalcommons.pace.edu/lawfaculty/861/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. CLIMATE CHANGE, POLITICAL TRUTH, AND THE MARKETPLACE OF IDEAS Karl S. Coplan* INTRODUCTION In an interview last year in Time magazine, Environmental Protection Agency (EPA) Administrator Lisa Jackson commented on congressional efforts to undo her greenhouse gas (GHG) endangerment finding under Clean Air Act section 202: “I don’t think that history will forget the first time that politicians made a law to overrule scientists.”1 Proponents of aggressive action to control GHGs are frustrated that international scientific consensus that disruptive climate change is highly probable and caused by anthropogenic emissions has not prevailed in the political marketplace of ideas in the United States. This truth-seeking, open marketplace of ideas is not just a recognized foundational principle in First Amendment protection for freedom of expression, but is also a paradigm for our system of self-governance.