It’s been bouncing around news and the net this weekthat the Supreme Court will be hearing arguments in Massachusetts v. EPA today. This is an important case, but I’m not at all sure it’ll be resolved in any way that will actually prove useful in the fight against human-caused climate change.
The history of the case can easily be found. I spent a while today reading the decision of the Appeals court. What’s interesting about it is that the three judges each had a different opinion.
The Bush Administration, in the guise of the EPA, argued in this case
that it did not have statutory authority to regulate greenhouse gas emissions from motor vehicles and that, even if it did, it would not exercise the authority at this time.
Basically, they wanted to punt on global warming. Beginning back in 1999 and continuing until the ruling in 2003 that prompted this case, EPAs administrators argued that the science on global warming was too uncertain for it to take any action on greenhouse gas emissions, and that even if it wanted to, Congress hadn’t given it the ability to.
Before the court could even rule on this case, they first had to show that the court had jurisdiction to rule on it. As I understand it, the EPA argued that the court could only take up the case if EPA had taken “final action” on the issue, and that inaction could not be interpreted as action, final or not.
The court basically shot down that argument.
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