When did the US Senate ratify this treaty? How is it legally binding on America without Senate approval? Or does Obama simply rule by decree??From the article:
Under the Montreal treaty, nations can amend the original accord to phase out substitute chemicals that also harm the environment, even if they do not affect the ozone layer.
That means the Kigali Amendment maintains the legal force of a treaty, even if that treaty was ratified by the Senate during the Reagan administration.
“It’s remarkable: This treaty that was designed for something quite different is now being used as a vehicle to address climate change,” said David Doniger, a lawyer with the Natural Resources Defense Council, an advocacy group.
Any amendment to a treaty must also be ratified or the amendment is moot. We can’t have post facto law, we can’t have post facto treaties that supersede the law. Let the litigation begin!