Constitutional Law 2 Extra Credit Brief: Supreme Court Rules on Global Warming Massachusetts v. Environmental Protection Agency Facts : Massachusetts sued under the Clean Air Act, which describes the responsibilities of the EPA as follows: “[they] shall by regulation prescribe … standards applicable to the emission of any air pollutant from any class … of new motor vehicles … which in [the EPA Administrator’s] judgment cause[s], or contribute[s] to, air pollution … reasonably … anticipated to endanger public health or welfare.” The Act defines “air pollutant” to include “any air pollution agent… including any physical, chemical … substance … emitted into … the ambient air.” Issues : What constitutes an air pollutant? Can the EPA refuse to act on this issue? Argument of Massachusetts : Greenhouse gases are air pollutants, and as such the EPA must regulate them under the Clean Air Act. Argument of EPA
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This note was uploaded on 03/31/2008 for the course PSCI 3163 taught by Professor Aysegulaydin during the Fall '07 term at Colorado.