There’s a lingering issue that continues to bother me about the so-called “global warming” Supreme Court case from 2007, Massachusetts v. EPA (05-1120), and that is a nagging concern about federalism and environmental standards.

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It’s global warming media day at the NYT and elsewhere following the SCOTUS decision on Massachusetts v. EPA:

• Linda Greenhouse, “Justices Say E.P.A. Has Power to Act on Harmful Gases,” New York Times.

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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.”

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I have read through the opening arguments (PDF) in Massachusetts, et al., v. Environmental Protection Agency, et al. (05-1120) conducted yesterday morning before the Supreme Court. From a layperson’s perspective I would have to say that Jonathan Adler’s characterization of the nature of the proceedings in not quite correct.

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The Supreme Court is hearing a case today brought by 12 states and a coalition of environmental groups that sued the Bush administration in 2003 for refusing to issue regulations limiting carbon emissions. “On a global scale, forced cutbacks in CO-2 emissions would create an unconscionable setback for developing countries where economic development is just beginning to pull people out of poverty,” writes Jay Richards.

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Right about now, the Supreme Court of the United States should be hearing the beginning arguments in Massachusetts, et al., v. Environmental Protection Agency, et al. (05-1120). Not much attention has been paid to this case over the last few months, but recently a spate of media attention has arisen, citing this case as perhaps “the most important environmental case in many years,” as well as “one of the biggest environmental cases in years.” (Jonathan Adler responds to the NYT editorial at The Volokh Conspiracy.)

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