In a 5-4 decision issued today, the United States Supreme Court ruled in favor of a coalition of States and environmental groups petitioning for the reversal of a D.C. Circuit Court of Appeals decision allowing the EPA to indefinitely postpone the regulation of automobile carbon dioxide emission levels under the Clean Air Act. On remand, the EPA is required to explain its reluctance in terms of the hurdles set by the Act rather than through the impermissible “laundry list” offered to date.
At issue was not only the interpretation of key language in the Clean Air Act and the propriety of the EPA’s “judgment” that regulations need not be propagated, but also whether the Petitioners had legal “standing” to bring the case. Five Justices ruled that the State of Massachusetts had standing both as a sovereign State (rather than an “individual” to whom proving the elements of standing is more difficult) and also through procedural rights to challenge EPA decision-making granted by the Act.
The Court’s four conservative Justices dissented on all points. The White House and a coalition of auto manufacturers and associated States were disappointed by the decision.
The case is Massachusetts et al. v. Environmental Protection Agency et al. No. 05-1120. Decided April 2, 2007. http://www.supremecourtus.gov/opinions/06pdf/05-1120.pdf
