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Regulatory Law Keyed to Shapiro, 4th Ed.
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 contribute to global warming, and that climate change would have serious adverse effects on human health and the environment. After receiving public comments, the EPA denied the petition in 2003, giving two reasons: (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. The EPA reasoned that Congress had not intended the agency to regulate substances that contribute to climate change and that greenhouse gases could not be considered “air pollutants” within the meaning of the Act. Additionally, the EPA cited scientific uncertainty about the causal link between greenhouse gases and global warming, as well as policy concerns about unilateral regulation of U.S. motor vehicle emissions. Massachusetts, along with other states and organizations, challenged this decision, arguing that the EPA had misinterpreted the Clean Air Act and had improperly declined to regulate greenhouse gas emissions.
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