Supreme Court to Review CO₂ Lawsuit

The Supreme Court agreed on June 26 to review whether the Environmental Protection Agency has authority to regulate carbon dioxide emissions from motor vehicles.

The court will be deciding whether the Clean Air Act requires EPA to regulate CO₂ as a pollutant harmful to public health and welfare. A ruling in favor of the states that brought the suit could represent a great challenge to the Bush Administration's policies on climate change.

"The Supreme Court has seen the importance of the case and will now have an opportunity to address the most significant environmental issue of our generation," says Massachusetts Attorney General Tom Reilly.

"At stake in this case is nothing less than the survival of Earth as we know it, which the [Clean Air Act] is intended to safeguard," says Connecticut Attorney General Richard M. Blumenthal. "The reprehensible failure of the Administration to enforce the Clean Air Act—refusing to classify CO₂ as an illegal pollutant—is a clear breach of the statute."

The case began in 1999 when environmental groups petitioned EPA to set motor vehicle standards for greenhouse gas emissions. After four years, in 2003, the agency turned down the petition, saying the Clean Air Act does not give it authority to regulate CO₂.

That same year, 12 states, three cities, and several environmental groups sued EPA in the U.S. Court of Appeals for the District of Columbia, challenging EPA's decision. In July 2005, the three judges issued separate opinions, two supporting EPA and one opposing it. Dissenting Judge David S. Tatel argued that greenhouse gases that endanger public health could be regulated under the Clean Air Act, even though they are not specifically mentioned in the act, which was written in 1963 and revised in 1970. The possibility of global warming from CO₂ buildup was not then widely recognized.

In March, the 12 states—California, Illinois, New Jersey, New Mexico, Oregon, Washington, and the six New England states—as well as 17 other parties filed a petition requesting Supreme Court review of the Court of Appeals decision.

The case is crucial to California and 10 other states that have enacted laws that limit CO₂ emissions from motor vehicles beginning with the 2009 model year. If the Supreme Court upholds EPA's decision against regulation, the states will have a much harder time defending their rules against legal challenges from automakers. Motor vehicles account for almost one-third of total U.S. CO₂ emissions, so reducing those emissions could have a significant impact.

There is widespread opposition to addressing climate change with mandatory programs, however.

When questioned about the Supreme Court review, President George W. Bush said global warming is "a serious problem" but added that there is debate over whether it is caused by human activities. Since taking office, he has advocated using voluntary measures and new technologies to solve the problem.

EPA is confident that its 2003 decision about CO₂ is correct, says EPA spokeswoman Jennifer Wood. She points out that "the Bush Administration has an unparalleled financial, international, and domestic commitment to reducing greenhouse gas emissions."

The Supreme Court case will be argued in the fall. A ruling is expected in late spring or early summer of 2007.