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Administrative Law Keyed to Breyer
Massachusetts v. Environmental Protection Agency
Citation:
549 U.S. 497 (2007)Facts
In 1999, a group of 19 private organizations filed a rulemaking petition asking the EPA to regulate greenhouse gas emissions from new motor vehicles under Section 202(a)(1) of the Clean Air Act. The petition argued that 1998 was the “warmest year on record,” that greenhouse gases were contributing to global warming, and that climate change would have serious adverse effects on human health and the environment. The EPA requested public comment and received over 50,000 comments. In 2003, the EPA denied the petition on two grounds: (1) that it lacked statutory authority to regulate greenhouse gases under the Clean Air Act, and (2) that even if it had such authority, it would be unwise to exercise it at that time due to scientific uncertainty about climate change, potential conflicts with the President’s comprehensive approach to climate change, and possible negative impacts on foreign policy. Massachusetts and other states, local governments, and private organizations sought judicial review of the EPA’s decision, arguing that the EPA had misinterpreted the Clean Air Act and that its decision was arbitrary and capricious.
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