Supreme Court

In the next six weeks, the U.S. Supreme Court will hear arguments on two key environmental cases and a lawsuit over punitive damages against a company.

The Court, which last week started its second term under Chief Justice John G. Roberts Jr., will decide whether EPA has the authority to regulate carbon dioxide, a greenhouse gas. A dozen states, including some with laws to limit CO₂ from vehicle emissions starting with the 2009 model year, argue that the Clean Air Act grants EPA such power. The Bush Administration, backed by a number of industry groups and several states, argues that the agency lacks the authority to limit emissions of CO₂ (C&EN, July 3, page 7).

A second Clean Air Act case before the Court revolves around determining what sort of emissions increase resulting from renovations requires a facility to install modern pollution control equipment. Electric utility Duke Energy, backed by a broad swath of industry and a federal appeals court, says only an increase in hourly emissions should count. Environmental groups argue that an increase in annual emissions is what matters (C&EN, May 22, page 8).

Meanwhile, chemical and pharmaceutical companies are part of a business coalition challenging an Oregon jury's $79.5 million in punitive damages against a tobacco company. Businesses say the huge punitive award sets a troubling precedent for future liability cases.

The Court is expected to decide these cases in 2007.