We are off the rails in so many regards here. This should not come before a court. Nor should it rest in the hands of the EPA. Nor should carbon emissions be regulated beyond the particulate matter emitted (pollution). Nor should there be an EPA.
"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."
- Thomas Jefferson