File:WV v EPA SCOTUS poll - June 27 2022 before court decision.png: Difference between revisions

West Virginia v. Environmental Protection Agency, 597 U.S.

“If the Supreme Court limits the EPA’s authority to regulate pollutants like carbon dioxide, the public health and environmental consequences would be profoundly damaging to human health, the planet and future generations.” - Dean Lynn Goldman, George Washington School of Public Health

• https://www.grid.news/story/science/2022/06/27/the-supreme-court-might-throw-a-big-wrench-in-the-epas-attempt-to-fight-climate-change/

• https://www.law.cornell.edu/supct/cert/20-1530

• https://climate.law.columbia.edu/content/west-virginia-v-epa

• https://publichealth.gwu.edu/content/george-washington-university-leaders-join-amicus-brief-urging-strict-regulation-greenhouse

• https://www.scotusblog.com/case-files/cases/west-virginia-v-environmental-protection-agency/

• https://en.wikipedia.org/wiki/West_Virginia_v._EPA

• https://ballotpedia.org/West_Virginia_v._Environmental_Protection_Agency

• https://www.eenews.net/articles/meet-the-lawyers-teeing-up-the-supreme-court-climate-showdown/

○

(Background)

Justices Say E.P.A. Has Power to Act on Harmful Gases

Via the NY Times / April 3, 2007

WASHINGTON — In one of its most important environmental decisions in years, the Supreme Court ruled on Monday that the Environmental Protection Agency has the authority to regulate heat-trapping gases in automobile emissions. The court further ruled that the agency could not sidestep its authority to regulate the greenhouse gases that contribute to global climate change unless it could provide a scientific basis for its refusal.

The 5-to-4 decision was a strong rebuke to the Bush administration, which has maintained that it does not have the right to regulate carbon dioxide and other heat-trapping gases under the Clean Air Act, and that even if it did, it would not use the authority. The ruling does not force the environmental agency to regulate auto emissions, but it would almost certainly face further legal action if it failed to do so.

Writing for the majority, Justice John Paul Stevens said the only way the agency could “avoid taking further action” now was “if it determines that greenhouse gases do not contribute to climate change” or provides a good explanation why it cannot or will not find out whether they do...

• https://www.nytimes.com/2007/04/03/washington/03scotus.html

• https://www.scotusblog.com/2021/10/justices-agree-to-review-epas-authority-to-regulate-greenhouse-gases/

○