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E-M:/ Supreme Court Decisions on Clean Air Act and Global Warming and New Source Review

Compiled from Scotus Blog and other reports....is the following:

The Supremes show the way!!

Ruling 5-4, the Supreme Court on Monday found that the federal government had the authority to regulate greenhouse gases that may contribute to global warming, and must examine anew the scientific evidence of a link between those gases and climate change. In the most important environmental case in years, the Court rebuffed EPA's claim that regulating those gases was beyond its authority, and its claim that it would not take action even if it did have the power to do so.

Justice John Paul Stevens wrote for the majority.

That decision came in Massachusetts v. EPA (05-1120).  Decision is here:


Here is the brief to the court that paved the way for the decision
This is the Amicus Brief of the Climate Scientists to
the U.S. Supreme Court concerning the case about
regulation of carbon dioxide under the Clean Air Act.


My friend, Professor John Dernbach, is a principle author.  Some of
you may remember him from his days at Michigan Law School
and when he worked at the American Lung Association of Michigan.


ALSO....the Supremes Reject Industry Interpretation of Clean
Air Act New Source Review in a separate decision

The second decision, also in an environmental case, upheld EPA's view that changes in power plants that may contribute to air pollution must be done only with a permit if there is an annual increase in emissions. The Court rejected the Fourth Circuit Court's view that the permit requirement applied only if there is an hourly increase in emissions. The case was Environmental Defense Fund v. Duke Energy Corp. (05-848). The decision was written by Justice Souter. The vote was unanimous, although Justice Clarence Thomas filed a separate concurring opinion.


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