Found this at the Orange County Register
Environmental issues dominated the last portion of the questioning, with Feinstein asking about the reach of the Environmental Protection Agency and the ability of citizens to sue companies for contributing to pollution and global warming. Normally, citizens can only bring cases if they have been personally "injured," but environmental injury is a gray area.
"Do you believe it's possible for citizens to demonstrate that environmental harms have injured them for constitutional purposes?" Feinstein asked.
"The answer is yes, much depending on what Congress does," Kagan replied.





Feinstein is advocating legal action based on myth and Kagan is willing to propagate that line of thinking.
Lady Justice is on life support and these villains are ready to pull the plug.
And I also think the current members of the Supreme Court are just as guilty of denying natural justice in favor of ideological beliefs based on political machinations and untruths.
Awesome. I've been waiting to see AGW Carbon-Come Dogma defended in court since Waxman-Markey passed and the "endangerment finding" was issued.
IF citizens can sue companies for AGW "harm," it follows they should likewise be able to sue the EPA.
Bring it on.