EPA’s Clean Air Act can regulate pollutants but not CO2
Justice Scalia wrote the dissent on MASSACHUSETTS v. EPA on Apr 2, 2007:
Numerous entities, including the Commonwealth of Massachusetts, asked the EPA to judge that carbon dioxide (CO2) was a pollutant causing global warming and, acting under the Clean Air Act (CAA), to make rules restricting its release by newly manufactured automobiles. The EPA declined to do so.
HELD: Delivered by Stevens; joined by Kennedy, Souter, Ginsburg & Breyer
The plaintiffs have standing for a federal case. Massachusetts, in particular could make a showing of injury (rising coastal water levels), causation (an incremental lowering of CO2 would be helpful), and remedy (the EPA could effect an incremental lowering). The EPA believed that Congress did not intend the EPA to regulate substances that cause climate change. The EPA, however, should find CO2 (among other gases) falls within the definition of…
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