The Waxman-Markey Bill is pretty bad, but it could have been a lot worse:
The citizen suit provision was set forth in Section 336 of the discussion draft version of ACES [Waxman-Markey], and it would have given environmental groups and other activists standing under the Clean Air Act to "commence an action" when someone has "suffered, or reasonably expects to suffer, a harm attributable, in whole or in part, to a violation or failure to act referred to in subsection (a)." Harm under this section was defined as: "For purposes of this section, the term "˜harm' includes any effect of air pollution (including climate change), currently occurring or at risk of occurring, and the incremental exacerbation of any such effect or risk that is associated with a small incremental emission of any air pollutant (including any greenhouse gas defined in Title VII), whether or not the risk is widely shared."
Wow, would this create an absolute litigation circus or what? By current anthropogenic greenhouse gas theory and under the actual text above, one could get sued for breathing. (via Overlawyered)