Skip navigation.
Aggregating Energy Since 2006

Massachusetts v. EPA

user warning: Unknown column 'u.signature_format' in 'field list' query: SELECT c.cid as cid,, c.nid, c.subject, c.comment, c.format, c.timestamp,, c.mail, c.homepage, u.uid, AS registered_name, u.signature, u.signature_format, u.picture,, c.thread, c.status FROM comments c INNER JOIN users u ON c.uid = u.uid WHERE c.nid = 329 AND c.status = 0 ORDER BY SUBSTRING(c.thread, 1, (LENGTH(c.thread) - 1)) LIMIT 0, 50 in /var/www/html/drupal-6/modules/comment/comment.module on line 992.

The Supreme Court hears Massachusetts v. EPA on Wednesday, 30 November. This case will determine if the Environmental Protection Agency can regulate carbon dioxide emissions as a pollutant under the Clean Air Act.

Bush's EPA is arguing that the CAA does not apply to carbon dioxide and it therefore cannot regulate emissions. The case is immediately about regulating from cars but will likely determine whether the EPA can regulate greenhouse gases at all. Odds point to a decision in favor of the EPA as the court tends to defer to administrative agencies. The decision will not come out for another 6 months, so we won't have any resolution until then.

I wrote a series of 3 papers about this case for my environmental law class at the University of Minnesota. I'm putting them up because they are (I hope) a quick and accurate introduction to the case and arguments involved.

Basic facts and arguments of the case
EPA's arguments
Massachusetts's arguments that the EPA must regulate greenhouse gas emissions

The NY Times covered the trial here