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74 Def. Counsel J. 269 (2007)
The Future of Greenhouse Gas Emission Regulations: Massachusetts v. Environmental Protection Agency

handle is hein.journals/defcon74 and id is 269 raw text is: The Future of Greenhouse Gas Emission Regulations: Massachusetts v. Environmental Protection Agency By R. Bruce Barze, Jr. and Thomas L. Casey, III O N APRIL 2, 2007, the United States Supreme Court rendered its decision in Massachusetts v. EPA, No. 05-1120, holding that the U.S. Environmental Protection Agency (EPA or Agency) has the statutory authority under the Clean Air Act (the Act or CAA) to regulate greenhouse gas emissions (including CO2 emissions) from new motor vehicles, and that the Agency had failed to establish a sufficient reason for failing to do so. Four justices dissented from the majority opinion. In dissent, Chief Justice Roberts expressed his opinion that Massachusetts had failed to establish standing to bring suit against the Agency. In a separate dissent, Justice Scalia concluded that the EPA was not required to regulate greenhouse gases under the Act and that the Agency had otherwise sufficiently explained its reasoning for not doing so. This article summarizes the majority opinion and the two dissents. II. Factual Background: Motor Vehicle Greenhouse Gas Emissions On October 20, 1999, a group of private organizations filed a rulemaking petition with the EPA requesting regulation of greenhouse gas emissions from new motor vehicles under Section 202 of the Clean Air Act. That Section provides as follows: The [EPA] Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or IADC member R. Bruce Barze, Jr. is a partner in the Birmingham, Alabama office of Balch & Bingham LLP and practices in the Environmental Litigation and Business Litigation Practice Groups. Mr. Barze represents companies in litigation involving the Clean Air Act, Clean Water Act, state common law claims (nuisance, trespass, etc.), and underground storage tanks; defends companies sued in toxic tort cases arising out of alleged exposure to chemicals, asbestos, and other substances; and advises clients on environmental risk allocation, business disputes, and insurance coverage issues. He has served as Chair of IADC 's Environmental, Energy and Maritime Law Committee and currently is the Vice-Chair of Programs for the Technology Committee and Vice-Chair of Newsletters for the Business Litigation Committee. Mr. Barze is the President of the Alabama Defense Lawyers Association. Thomas L. Casey, 1II practices in Balch & Bingham LLP's Enviro- nmental and Natural Resources, Environ- mental Litigation, and Appellate Litigation Practice Groups. He represents developers, industrial clients, utilities, and small businesses in a wide variety of federal and state environmental matters. Mr. Casey's practice encompasses issues arising under the Clean Water Act, the Clean Air Act, the Endangered Species Act, the National Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation, Liability Act (CERCLA), and the Administrative Procedure Act.

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