Abstract: The scientific, economic, and political questions surrounding climate change have long been with us. This report focuses instead on a relative newcomer: the legal debate. Though the first court decisions related to climate change appeared over a decade ago, such litigation has proliferated in recent years.

The court cases, decided and pending, arise in five contexts. The first is the Clean Air Act (CAA). On April 2, 2007, the Supreme Court held in Massachusetts v. EPA that at least as to mobile sources of emissions (cars, trucks), EPA has authority under the CAA to regulate greenhouse gas (GHG) emissions, and cannot invoke policy considerations to refuse to do so. This decision may put pressure on EPA to move forward with regulation of GHGs from stationary sources (powerplants, factories) as well, and indeed litigation in the D.C. Circuit seeks to force this very result. In addition, the Supreme Court’s finding that Massachusetts had standing may help at least state plaintiffs surmount the no-standing defense often raised in climate change litigation.

 [read report]

Topics: Climate Change, Legislative, Information