Massachusetts, et al. v. Environmental Protection Agency, et al.

Subject:

Clean Air Act, Air Pollutants, Motor Vehicle Emissions, Emission Standards, Administrative Law, Public Health & Welfare

Section 202(a)(1) of the Clean Air Act, 42 U.S.C. § 7521(a)(1), requires the administrator of the Environmental Protection Agency ("EPA ") to set emission standards for "any air pollutant" from motor vehicles or motor vehicle engines "which in his judgment cause[s], or contribute[s] to, air pollution which may reasonably be anticipated to endanger public health or welfare."

The questions presented are:

1. Whether the EPA Administrator may decline to issue emission standards for motor vehicles based on policy considerations not enumerated in section 202(a)(1).
2. Whether the EPA Administrator has authority to regulate carbon dioxide and other air pollutants associated with climate change under section 202(a)(1).

• U.S. Court of Appeals - D.C. Circuit, Opinion Filed: July 15, 2005
• United States Supreme Court, Cert. Granted: June 26, 2006

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:     Parties Petition Phase Petition for Writ of Certiorari Appendix Petitioners' Reply Brief Brief of Federal Respondent in Opposition Brief of Respondent Utility Air Regulatory Group in Opposition Brief of Respondent States in Opposition Amici Supporting Petitioners Amici Brief of Mayors, et al. Amici Brief of Tribes Amici Brief of Climate Scientists Merits Phase Petitioners' Brief Brief for Federal Respondent Brief for Respondent States Amici Supporting Petitioners Amicus Brief of Madeleine Albright Amicus Brief of Aspen Skiing Co. Amicus Brief of Calpine Corp. Amici Brief of Mayors, et al. Amicus Brief of the State of Delaware Amicus Brief of Entergy Corp. Amici Brief of Former EPA Admins. Amici Brief of Tribes Amici Brief of N. Coast Rivers Alliance, et al. Amici Brief of Ocean & Coastal Conserv. Interests Amici Brief of the Nat'l Council of the Churches of Christ in the USA, et al. Amici Brief of Climate Scientists Amici Brief of States Amici Brief of Wildlife Conserv. Interests

Counsel of Record For Petitioners Massachusetts, et al.: James R. Milkey Boston, MA For Respondents Michigan, et al.: Thomas L. Casey Solicitor General Office of the Attorney General Lansing, MI

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