Global Warming: Supreme Court Case

A brief time line of the case Massachusetts et al. v. EPA

Posted: 27-Nov-2006; Updated: 21-Aug-2007

A landmark case before the Supreme Court could have profound effects on efforts to curb man-made greenhouse gases heating up the earth. The case involves pivotal questions about the U.S. Environmental Protection Agency's power to regulate global warming pollution under the nation's clean air laws.

The case arose from EPA's denial of a petition that sought emission limits on the global warming pollution released from new motor vehicles. A brief history follows:

1998 - During the Clinton administration, EPA's General Counsel Jonathan Cannon determined that EPA has the authority to regulate carbon dioxide as an air pollutant under the Clean Air Act.

1999 – EPA General Counsel Gary Guzy testifies before Congress that carbon dioxide may be regulated as an air pollutant under the Act. 

1999 - Concerned groups petition EPA to set vehicle emissions limits for greenhouse gases such as carbon dioxide (CO₂), arguing the gases are pollutants that endanger public health and welfare and must be regulated.

2003 - EPA denies the petition asking it to regulate greenhouse gas emissions from new motor vehicles. It also reverses its previous legal opinions and issues a new opinion by General Counsel Robert Fabricant that EPA is barred from regulating greenhouse gases under the Clean Air Act. Environmental Defense and a coalition file a lawsuit in the U.S. Court of Appeals for the District of Columbia.

2005 - The D.C. Circuit issues a 2-1 judgment in favor of EPA.

2006 - We ask the Supreme Court to hear the case, and on June 26th it agrees.

Aug. 31, 2006 – Petitioners’ opening brief is filed along with numerous amicus briefs urging the Supreme Court to overturn the D.C. Circuit’s decision below.

Nov. 29, 2006 - Oral arguments are scheduled before the Supreme Court.