New Mexico Environment

Protecting New Mexico's Environment and Natural Resources

Massachussetts v. EPA (2007)
The United States Supreme Court ruled 5-4 in favor of New Mexico and eleven other states and various municipalities and environmental groups in Massachussetts v. EPA.  The lawsuit focused on a section of the Clean Air Act that requires the administrator of the U.S. Environmental Protection Agency “shall” set emission standards for “any air pollutant” from new motor vehicles which cause or contribute to air pollution that may be reasonably anticipated to endanger public health or welfare.  The Court held that greenhouse gases such as carbon dioxide are pollutants under the Clean Air Act and EPA has authority to regulate those gases in motor vehicles.  The Court also held that EPA can decide not to regulate greenhouse gases “only if it determines that greenhouse gases do not contribute to climate change, or if it provides some reasonable explanation as to why it cannot or will not exercise its discretion to determine whether they do.”

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Zack Freeman,
Dec 14, 2011, 10:12 AM
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Zack Freeman,
Dec 14, 2011, 10:12 AM