Scientists & Engineers for America

Massachusetts v. EPA

Excerpted from Congressional Research Service Report RS22665
Updated May 18, 2007
Robert Meltz
Legislative Attorney
American Law Division
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On April 2, 2007, the Supreme Court handed down Massachusetts v. EPA, its first pronouncement on climate change. By a narrow 5-4 margin, the Court held three things: that (1) Massachusetts had standing to sue, (2) the Clean Air Act (CAA) authorizes EPA to regulate emissions from new motor vehicles on the basis of their climate change impacts, and (3) the act does not authorize EPA to inject policy considerations into its decision whether to so regulate. The decision does not compel EPA to regulate greenhouse gas (GHG) emissions from new motor vehicles, but it does limit the range of options available to the agency that would justify not doing so.

This report traces the events leading up to the Court’s decision, then describes what the decision says. It then lays out the decision’s implications both within the CAA mobile-source program and elsewhere.

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