EPA Must Examine Climate Change Link

Monday, April 2, 2007
The Supreme Court ruled today (5-4) in the case of Massachusetts v. EPA (05-1120) “that the federal government had the authority to regulate greenhouse gases that may contribute to global warming, and must examine anew the scientific evidence of a link between those gases and climate change.”

Toward the end of last year some were arguing that “this case is not about the science of climate change. There is no dispute that human emissions of greenhouse gases affect the global climate.” As we can see, the Court did find that the science of climate change is at issue.

Now that the Court has found in favor of the state of Massachusetts, affirming the state’s standing in the case, this may end up being a more important case than many, including myself, first thought. The “maze of procedural issues” ended up not preventing the Court from reaching this decision. More on this in coming days.

Update: The Court’s opinion can be read here (PDF).
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  1. Don Bosch (evaneco.com) says:

    Jordan, here’s my post from last December describing what I thought the justices would be looking at. Might be helpful for folks not familiar with the issues involved, including the “arbitrary and capricious” standard.

    http://www.evaneco.com/?p=187

    Unfortunately the majority opinion clearly defends “consensus” on human-induced global warming, and it’s now up to EPA to prove otherwise.

    And to figure out how to regulate it!

    Cheers,
    Don


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