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Constitutional Law Keyed to Choper
Massachusetts v. EPA
Citation:
549 U.S. 497 (2007)Facts
In 1999, a group of private organizations petitioned EPA to regulate greenhouse gas emissions from new motor vehicles under § 202(a)(1) of the Clean Air Act. The petition cited evidence that human activities, including motor vehicle emissions, were causing global warming with serious environmental consequences. In 2003, EPA denied the petition on two grounds: first, that it lacked statutory authority to regulate greenhouse gases as “air pollutants” under the Clean Air Act; and second, that even if it had such authority, it would be unwise to exercise it due to scientific uncertainty about climate change, potential conflicts with the President’s comprehensive approach to climate change, and possible interference with foreign policy. Massachusetts and other states, local governments, and private organizations sought judicial review of EPA’s denial. The D.C. Circuit upheld EPA’s decision, with one judge dissenting. The Supreme Court granted certiorari to determine whether EPA had the statutory authority to regulate greenhouse gas emissions from new motor vehicles and whether its stated reasons for refusing to do so were consistent with the statute.
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