It’s happened: a state agency, this one in Kansas, has invoked the Supreme Court’s decision earlier this year in classifying carbon dioxide as toxic, in denying utilities permits to build two coal-fired power plants:


The permit denial by the Kansas Health and Environment Department
last month marked the first time that a state agency applied a Supreme
Court decision earlier this year calling carbon dioxide a pollutant
under the Clean Air Act.

Watch for a lot more of this to come.