The Partial [State Implementation Plan] Disapproval is contrary to both the Clean Air Act and the fundamental principles of administrative law. Recognizing the proper role of the States, the Clean Air Act declares pollution prevention to be "the primary responsibility of States and local governments," and not the federal government. EPA rejects that approach and seeks to deprive Texas of its right to manage its air resources. The Partial SIP Disapproval is particularly pernicious because it unlawfully attempts to partially disapprove Texas' environmental laws in the face of the State's admirable track record of reducing pollution and improving air quality in the State. Instead, EPA seeks to federalize that power by imposing federal control and commandeering critical portions of Texas' emissions permitting program.

Earlier this month, California's Air Resources Board [official website] approved measures that will provide incentives [JURIST report] to companies and factories that decrease their greenhouse gas emissions. In June, the US Senate [official website] defeated a resolution [materials; JURIST report] aimed at limiting the ability of the EPA to regulate greenhouse gas emissions under the Clean Air Act. The US Supreme Court [official website; JURIST news archive] affirmed the EPA's ability to regulate carbon emissions under the Clean Air Act in its 2007 ruling in Massachusetts v. Environmental Protection Agency [Cornell LII backgrounder; JURIST report]. In its ruling, the court held that if the EPA could show a link between greenhouse gas emissions and public health and welfare, then the act gives it the power to regulate emissions. The EPA announced last December [JURIST report] that it had found that greenhouse gases "threaten the public health and welfare of current and future generations," and that emissions from motor vehicles contribute to greenhouse gas pollution. The EPA first announced its proposed finding [JURIST report] in April 2009 before undertaking a 60-day public comment period. Some have suggested that the EPA findings have allowed Congress to avoid the political fallout [JURIST comment] that could come from passing tough climate legislation.

In September, a Thai court convicted two former yellow shirt television personalities [JURIST report] of defaming Thaksin by accusing him of insulting the monarchy. In August, red shirt leaders pleaded not guilty [JURIST report] to inciting violence and threatening government officials during a week of violence in May. In June, the Thai government indicated it would study the possibility of extending amnesty to red shirt protesters [JURIST report] convicted of minor offenses in order to facilitate reconciliation within the country. The offer of amnesty would not be given to the protesters charged with terrorism but could be extended to the 27 red shirt protesters who were sentenced to six months in prison [JURIST report] for violating the emergency decree prohibiting political gatherings of more than five people. The protests came to an end [JURIST report] in May when red shirt leaders surrendered to police, which led to rioting, arson and the imposition of a curfew to protect citizens of Bangkok and its surrounding areas. The red shirts are supporters of ousted prime minister Thaksin. The yellow shirts ended their protests in 2008 and released two airports they had taken over [JURIST reports] after Thailand's Constitutional Court ordered a dissolution of the ruling government and removed prime minister Somchai Wongsawat.

This execution is a continuation of the Chinese government's on-going battle against what is perceived to be pervasive corruption [JURIST news archive] in official channels. In September, a member of the National People's Congress [official website] announced that the government never considered removing the death penalty [JURIST report] as a punishment for corruption during the consideration of an amendment to the criminal code. In July, the Chinese government executed a top judicial official [JURIST report] after a corruption probe in the southwestern city of Chongquing revealed he had taken nearly 2 million USD in bribes and had been protecting a number of organized crime gangs. In March, the Hebei Province People's High Court upheld a life sentence for former vice president of the SPC, Huang Songyou, who had been convicted [JURIST reports] of bribery and embezzlement. Earlier that month, the SPC president called for increased efforts to fight corruption [JURIST report] in the country's court system. In January, the SPC announced new anti-corruption rules [JURIST report] in an effort to increase public confidence in the rule of law.