Number: RS22472
Title: The Supreme Court Takes a Global Warming Case: Commonwealth of Massachusetts v. EPA
Authors: Robert Meltz, American Law Division 
Abstract: On June 26, 2006, the Supreme Court agreed to review Commonwealth of Massachusetts v. EPA, a global warming-related case. In the decision below, the D.C. Circuit rejected 2-1 a challenge to EPA's denial of a petition under the Clean Air Act requesting the agency to limit four pollutants emitted by new motor vehicles, owing to their alleged contribution to global warming. In resolving the case, the Court might address, among other things, Article III standing doctrine; whether the Clean Air Act reaches the global warming impacts of motor vehicle emissions; and the latitude allowed an agency to inject policy considerations into its decisions when the governing statute makes no mention of them. It is unlikely, even should petitioners in the Supreme Court gain a favorable ruling, that the case will result in a direct order by the Court that EPA regulate the global warming impacts of auto emissions.
Pages: 6
Date: July 12, 2006