Appeal on “greenhouse gases”
on Mar 7, 2006 at 4:51 pm
A group of state and local governments, along with private advocacy groups, have asked the Supreme Court to overturn an Environmental Protection Agency’s ruling that it has no authority to regulate so-called “greenhouse gases.” The EPA, in a 2003 decision switching from an earlier position, decided not to order reductions in carbon dioxide and other gas pollutants emitted by new cars and trucks.
That decision is challenged in Commonwealth of Massachusetts, et al., v. U.S. Environmental Protection Agency, filed at the Court last Thursday (docket 05-1120). The petition, by 12 states, three cities, the government of Samoa and several environmental advocacy groups, can be found here.
Here are the questions presented:
“Section 202(a)(1) of the Clean Air Act, 42 USC 7521(a)(1), requires the Administrator of the Environmental Protection Agency to set emission standards for ‘any air pollutant’ from motor vehicles or motor vehicle engines ‘which in his judgment cause[s], or contribute[s] to, air pollution which may reasonably be anticipated to endanger public health or welfare.’ The questions presented are:
“1. Whether the EPA Administrator may decline to issue emission standards for motor vehicles based on policy considerations not enumerated in section 202(a)(1).
“2. Whether the EPA Administrator has authority to regulate carbon dioxide and other air pollutants associated with climate change under section 202(a)(1).”
The D.C. Circuit Court ruling that the petition challenges can be found here. An order denying rehearing en banc, over three judges’ dissent, can be found here.
