Monday, April 02, 2007

States sue Feds. We lose big time!

The Volokh Conspiracy - -: "The marquee case was Massachusetts v. EPA, in which the Court held, 5-4, that (a) states have standing to sue the EPA alleging injuries from climate change, (b) the EPA has the authority to regulate greenhouse gases as 'pollutants' under the Clean Air Act, and (c) the EPA did not adequately justify its decision not to regulate greenhouse gas emissions from motor vehicles under the Act. On remand, the EPA must ground its decision whether to regulate greenhouse gas emissions on the nature and magnitude of the risk posed by climate change, as the CAA requires."

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