Environment | Law

EPA faulted for failing to act on greenhouse gases

Tuesday, April 3, 2007

The U.S. Supreme Court on Monday ordered the Bush administration to reconsider whether greenhouse gas emissions contribute to global warming.

By a 5-4 vote, the court said the EPA violated the Clean Air Act by failing to consider the impact of emissions on climate. The vote was split along liberal-conservative lines.

The case was brought by several state governments and environmental groups. They petitioned the EPA to set standards for greenhouse gas emissions for new vehicles but the Bush administration declined, saying it lacked authority.

The high court disagreed, rebuking the EPA for faling to offer a "reasoned explanation" for not acting. The minority, however, said the states and groups had no standing to sue.

In a second case, the justices upheld an EPA program that requires aging power plants to install pollution-control equipment. The decision was unanimous.

Get the Story:
High Court Faults EPA Inaction on Emissions (The Washington Post 4/3)
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Justices Say E.P.A. Has Power to Act on Harmful Gases (The New York Times 4/3)
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Massachusetts v. EPA:
Syllabus | Opinion [Stevens] | Dissent [Roberts] | Dissent [Scalia]

Environmental Defense v. Duke Energy:
Syllabus | Opinion [Souter] | Concurrence [Thomas]