Samuel Alito rules in favor of Phlogiston

 With the federal agency EPA attempting to regulate air, the Supreme Court had to take action. After careful analysis of the science of 1700s Europe and America, Alito has decided that carbon dioxide was not a THING then. Therefore it cannot be regulated. It is not in the Constitution.

Alito does not want to leave the EPA completely without work. The elements are still there: air, fire and water. In particular, there were also gases known in the 1700s. Alito will throw a bone in the direction of the EPA and tells them in his latest opinion draft that they are to work on PHLOGISTON from now on.