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RS22665 - The Supreme Court’s Climate Change Decision: Massachusetts v. EPA
18-May-2007; Robert Meltz ; 6 p.
Abstract: On April 2, 2007, the Supreme Court handed down Massachusetts v. EPA, its first
pronouncement on climate change. By 5-4, the Court held that (1) Massachusetts had
standing to sue, (2) Section 202 of the Clean Air Act authorizes EPA to regulate
emissions from new motor vehicles on the basis of their possible climate change
impacts, and (3) Section 202 does not authorize EPA to inject policy considerations into
its decision whether to so regulate. The Court’s decision leaves EPA with three options
under the section: find that motor vehicle greenhouse gas emissions may “endanger
public health or welfare” and issue emission standards, find that they do not satisfy that
prerequisite, or decide that climate change science is so uncertain as to preclude making
a finding either way. The decision also has implications for other climate-change-
related litigation, particularly a pending suit seeking to compel EPA regulation of
greenhouse gas emissions from stationary sources of emissions. [read report]
Topics: Climate Change, Federal Agencies, Legislative
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