Analysis

Justice Stevens Ruling Set Groundwork For US Climate Policy

Law360 (July 18, 2019, 9:47 PM EDT) -- Justice John Paul Stevens' landmark decision in Massachusetts v. EPA forced the federal government to address the problem of climate change and unleashed a flood of decarbonization policies, a deluge that the Trump administration is trying to reverse.

Justice Stevens, who died Tuesday, penned the 5-4 majority opinion in 2007 that greenhouse gases are air pollutants under the Clean Air Act and subject to U.S. Environmental Protection Agency regulation. Twelve states, led by Massachusetts, along with several cities and environmental groups had sued the EPA seeking to force it to regulate GHGs.

The decision is considered one of the most important...

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