The Climate Change Decision's Bases And Implications

Law360, New York (April 17, 2007, 12:00 AM EDT) -- The United States Supreme Court has issued its first major decision in the climate change arena. In this 5-to-4 decision, Massachusetts v. Environmental Protection Agency, 549 U.S. ___, No. 05–1120, slip op. at 1 (U.S. Apr. 2, 2007) (hereinafter “slip op.”), the Supreme Court held that carbon dioxide and other greenhouse gases from motor vehicles are “air pollutants” subject to regulation under the federal Clean Air Act.

The Supreme Court then directed the Environmental Protection Agency to reevaluate its prior decision not to regulate greenhouse gas...
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