States Ask High Court To Withdraw EPA's Air Act Power To Oversee GHGs

摘要

Texas and other states are asking the Supreme Court to overturn its landmark 2007 holding in Massachusetts v. EPA that granted EPA first-time Clean Air Act authority to regulate greenhouse gas (GHG) emissions, citing the "absurd" permitting burdens that have resulted from the decision, though the court has already upheld the precedent as preempting tort suits. The states filed an April 19 petition for a writ of certiorari that asks the justices to consider "whether Massachusetts v. EPA should be reconsidered or overruled in light of the absurd permitting burdens that follow from treating carbon dioxide as a pollutant under the Act."