Wednesday, April 11, 2007
New Jersey Appellate Division overrules NJDEP’s denial of a hearing request
Tuesday, April 03, 2007
Supreme Court rules against Bush Administration on Global Warming Greenhouse Gases
In Massachusetts v. EPA, the United States Supreme Court ruled that USEPA does have authority to regulate greenhouse gases and, further, that EPA has not reasonably explained why EPA has refused to decide whether greenhouse gases cause or contribute to climate change. EPA had argued that the Clean Air Act and other statutes do not authorize EPA to regulate carbon dioxide and other greenhouse gases, specifically automobile emissions. Among EPA’s arguments was that Congress assigned he Department of Transportation to regulate vehicle gas mileage standards, not EPA. EPA also argued that any regulation by EPA in the US would have no effect on global warming given the expected increases in greenhouse gases from other countries such as China. The Supreme Court, in a 5-4 decision held that EPA does have statutory authority to regulate greenhouse gases under the Clean Air Act and that EPA’s failure to reasonably explain why it has not initiated rulemaking is arbitrary and capricious and an abuse of discretion. See the majority and dissenting opinions HERE.
Copyright Connell Foley LLP 2007