{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

US vs Massachusetts 05-1120

US vs Massachusetts 05-1120 - (Slip Opinion OCTOBER TERM...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
1 (Slip Opinion) OCTOBER TERM, 2006 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus MASSACHUSETTS ET AL . v . ENVIRONMENTAL PRO - TECTION AGENCY ET AL . CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 05–1120. Argued November 29, 2006—Decided April 2, 2007 Based on respected scientific opinion that a well-documented rise in global temperatures and attendant climatological and environmental changes have resulted from a significant increase in the atmospheric concentration of “greenhouse gases,” a group of private organizations petitioned the Environmental Protection Agency (EPA) to begin regu- lating the emissions of four such gases, including carbon dioxide, un- der §202(a)(1) of the Clean Air Act, which requires that the EPA “shall by regulation prescribe . . . standards applicable to the emis- sion of any air pollutant from any class . . . of new motor vehicles . . . which in [the EPA Administrator’s] judgment cause[s], or contrib- ute[s] to, air pollution . . . reasonably . . . anticipated to endanger public health or welfare,” 42 U. S. C. §7521(a)(1). The Act defines “air pollutant” to include “any air pollution agent . . . , including any physical, chemical . . . substance . . . emitted into . . . the ambient air.” §7602(g). EPA ultimately denied the petition, reasoning that (1) the Act does not authorize it to issue mandatory regulations to address global climate change, and (2) even if it had the authority to set greenhouse gas emission standards, it would have been unwise to do so at that time because a causal link between greenhouse gases and the increase in global surface air temperatures was not un- equivocally established. The agency further characterized any EPA regulation of motor-vehicle emissions as a piecemeal approach to cli- mate change that would conflict with the President’s comprehensive approach involving additional support for technological innovation, the creation of nonregulatory programs to encourage voluntary pri- vate-sector reductions in greenhouse gas emissions, and further re- search on climate change, and might hamper the President’s ability
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
2 MASSACHUSETTS v. EPA Syllabus to persuade key developing nations to reduce emissions. Petitioners, now joined by intervenor Massachusetts and other state and local governments, sought review in the D. C. Circuit. Al- though each of the three judges on the panel wrote separately, two of them agreed that the EPA Administrator properly exercised his dis- cretion in denying the rulemaking petition. One judge concluded that the Administrator’s exercise of “judgment” as to whether a pollutant could “reasonably be anticipated to endanger public health or wel-
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern