Congressional Digest

Supreme Court Debates March 2007 No. 3 Vol. 10
Opinion of the Court

Global Warming

Legal Battles Over Greenhouse Gas Regulation

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Opinion of the Court

The EPA Can Regulate Greenhouse Gasses as a Pollutant

Massachusetts v. Environmental Protection Agency (EPA) — This casewas granted certiorari on June 26, 2006, and reversed and remanded on April 2,2007. In a 5-to-4 decision, the Court held that the Clean Air Act authorizesthe Environmental Protection Agency to regulate greenhouse gas emissions aspollutants. Featured in Global Warming, Sup. Ct. Debates (March 2007).             The following is excerpted from the summary of themajority opinion written by Justice Stevens, as prepared by the Court Reporterof Decisions:             The scope of the Court’s review of the merits of thestatutory issues is narrow. Although an agency’s refusal to initiateenforcement proceedings is not ordinarily…

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