I've read your op-ed and I've read the Constitution. No where in the American Constitution do i see that it requires the Legislative branch to make laws concerning environmental policy. I DO see it say, though, that any law not in the constitution and granted to either branches Legislative, Executive, or Judicial is up to the states to decide, specifically Amendment 10: Powers of the States and People. Ratified 12/15/1791.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

with Article 4 designed to make sure that the laws of the states do not infringe upon other states... specifically:

"Section 1 - Each State to Honor all others

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
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Judical review is set up to make sure policies created and or endorsed by the Legislative or Executive branches do not infringe on the rights of individuals, regardless of how many people are in favor of dirty air.

you also said - Utilities, like human beings, are permitted by law to emit carbon dioxide, a colorless, odorless gas humans and vegetation need to survive.

I'm not sure we as humans ACTUALLY need CO2 but i think i get what you are trying to say...that there is a symbiotic relationship between humans and plants, therefore, we must respect each other in order to survive/prosper on this planet. Look at it this way, if a person has unlimited access to food and has no way of stopping himself from eating, that person gets fat, obese and will develop health problems. There is only so much CO2 a plant or tree can take in, and should we continue to clear forests around the world, burn fossil fuels and pollute our air, the amount of plants and trees necessary to eliminate the CO2 and turn it into O2 will not be enough to sustain a growing human population.

peace.

The U.S. Constitution gives the legislative branch (Congress) the authority to make federal laws; state constitutions give state legislatures legislative authority.

Inasmuch as the state attorneys general are attempting to regulate plants in state other than their own, they are, in my view, attempting to usurp authority properly belonging to Congress.

Here's how FindLaw describes judicial review. It is not quite the same wording you use.

Only about 0.0375 percent of the Earth's atmosphere consists of carbon dioxide (by contrast, 40 years ago it was .0319 percent); 20 percent of the atmosphere presently is oxygen (roughly). We have a great while to go before the C02 crowds out the oxygen -- at present trends, lots longer than 50 years, which is the period of time (according to UN figures) before world population levels are expected to stabilize. So while I urge you to plant trees if you are at all concerned, I nonetheless hope you aren't having suffocation nightmares .

As to the impact of increasing CO2 levels on plant life, I recommend to you the work of the Center for the Study of Carbon Dioxide.

I see you have a new blog; one which may appeal to a left-of-center audience. I encourage you to spread the word about the Tenth Amendment to folks on that side of the fence. I don't believe many of them are aware of it.