In August 18 top climate scientists filed an amicus brief (PDF) in a Supreme Court case over whether the EPA should regulate climate-changing gases. The agency claimed to have relied on the National Academy of Sciences 2001 report, Climate Change Science, in deciding against regulation, but it didn’t really. Money quote:

“EPA misrepresented the findings of Climate Change Science by selectively quoting statements about uncertainty while ignoring statements of certainty and near-certainty, thus giving the appearance of far more fundamental uncertainty than stated in the NAS/NRC report. EPA then concluded that ‘it is inappropriate to regulate GHG emissions from motor vehicles’ ‘until more is understood about the causes, extent, and significance of climate change,’ implying that there is no risk in waiting for future research, a conclusion sharply inconsistent with the plain language of Climate Change Science.”

If the Bush administration has its way, no citizen or state government will have standing even to bring a case against this kind of malfeasance, according to the Environmental Law Institute