Congressional Digest

Supreme Court Debates March 2007 No. 3 Vol. 10
Commonwealth of Massachusetts, et al.

Global Warming

Legal Battles Over Greenhouse Gas Regulation

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Commonwealth of Massachusetts, et al.

Petitioners

James R. Milkey, Counsel of Record In August 2003,the Environmental Protection Agency (EPA) denied a petition by environmentalgroups requesting that it regulate carbon dioxide (CO2) as a pollutantunder the Clean Air Act (CAA). The Commonwealth of Massachusetts, California,and New York, along with nine other States, three cities, two American territories,and various public health and environmental organizations challenged thisruling in the U.S. Court of Appeals for the District of Columbia Circuit. OnJuly 15, 2005, the circuit court ruled in favor of the EPA. Massachusetts, et al., appealed to the U.S. Supreme Court, whichgranted certiorari on June 26, 2006. James R. Milkey…

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