Massachusetts v. EPA

Case Overview

CITATION

549 U.S. 497

ARGUED ON

Nov. 29, 2006

DECIDED ON

DECIDED BY

Apr. 2, 2007

Legal Issues

Does the State of Massachusetts have standing under Article III to challenge the EPA’s refusal to regulate greenhouse gas emissions, and does the Clean Air Act authorize the EPA to regulate emissions from new motor vehicles as sought?

Holding

Yes, Massachusetts has standing to sue because it was entitled to “special solicitude” as a sovereign state, and the Clean Air Act authorizes the EPA to regulate greenhouse gases.

Protestors supporting Massachusetts outside the Supreme Court | Credit:  NRDC

Background

In 1999, a group of private organizations filed a rulemaking petition asking the EPA to regulate greenhouse gas emissions from new motor vehicles under §7521(a)(1) of the Clean Air Act. The EPA requested public comment on the rulemaking petition in 2001. The EPA denied the petition in 2003, stating that it lacked authority under the Clean Air Act to regulate carbon dioxide and that even if it did have such authority, it was entitled to exercise its discretion to decline regulation as a matter of policy. The U.S. Court of Appeals for the D.C. Circuit ruled in favor of the EPA, and the Supreme Court granted certiorari.

5 - 4 decision for Massachusetts

Massachusetts

EPA

Kennedy

Stevens

Sotomayor

Kagan

Souter

Alito

Scalia

Thomas

Roberts

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