The discussion of Massachusetts v. EPA is well underway thanks to David’s summary of the action. I’m going to provide some thoughts about each of the three issues involved in the case, as well as some of the possible implications.
The outcome of Mass. v. EPA boils down to one thing: the Supreme Court has ordered EPA to think again. While that may not sound like much, in the world of administrative law, it is a total rout for the Bush administration.
While the outcome is good news, this decision was as close as they come. I’m not surprised that the Court split 5 to 4 on the issue of standing. However, this divide extended to all three questions before the court.
First, a quick refresher on the three issues:Did the petitioners (that’s Mass., the other states, and the environmental groups) have standing to file suit? Does EPA have the authority to regulate greenhouse gases under the Clean Air Act? Did EPA properly decide not to regulate even if it has authority?
This was the question that kept many of us interested in environmental law up at night. Nothing like tossing and turning, wondering if Massachuset... Read more