Anthony Kennedy, Boring Stuff, Environment / Environmental Law, Linda Greenhouse, SCOTUS, Supreme Court

Dispatch from One First Street: The Greenhouse Gas Case

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This post has nothing to do with the gastrointestinal tract of a certain Supreme Court reporter. Rather, it’s about Massachusetts v. EPA, the greenhouse gases/global warming case, argued before the Supreme Court yesterday.
We’re relatively late in covering this — you’ve probably read about it already elsewhere — so we’ll be brief.
Questions Presented:
(1) Can the EPA (read: Bush Administration) get away with refusing to regulate carbon dioxide in automobile emissions, even though a bunch of states, cities, and environmental groups want it to?
(2) Do these entities have standing to object to the refusal?
(3) Has President Bush been reading too much Michael Crichton?
Money Quote(s): Eh, there weren’t any. This argument was no KSR v. Teleflex.
And are you really surprised? It’s an administrative law/environmental law case, concerning the proper construction of the Clean Air Act, with a big threshold question about standing. Not exactly a barrel of laughs.
Likely Outcome: Who knows? We agree with Tony Mauro and Lyle Denniston: It all comes down to Justice Kennedy.
Roberts may be the Chief, but it’s Kennedy’s Court. And everyone else is just sitting on it.
Massachusetts v. EPA, No. 05-1120 [On the Docket / Medill]
Justices’ First Brush With Global Warming [New York Times]
Massachusetts v. EPA oral argument transcript [Supreme Court (PDF)]
Eyes on Kennedy as Supreme Court Debates Global Warming Case [Legal Times]
EPA argument 11/29/06: Major precedent looms? Maybe not [SCOTUSblog]
Analysis: Kennedy key to global warming challenge [SCOTUSblog]
Today at the Supreme Court: Preemption and Global Warming [WSJ Law Blog]

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