Justices Rule Against White House on Emissions

[ProSense]

Justices Rule Against White House on Emissions

By DAVID STOUT
Published: April 2, 2007

WASHINGTON, April 2 — The Supreme Court ruled today, in what amounts to a rebuke of the Bush administration, that the Environmental Protection Agency has the authority to regulate carbon dioxide from automobile emissions, and that it has shirked its duty in not doing so.

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“Its action was therefore ‘arbitrary, capricious, or otherwise not in accordance with law,’ ” Justice Stevens went on. Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer joined his decision.

Chief Justice John G. Roberts Jr. dissented, along with Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. The chief justice said his dissent “involves no judgment on whether global warming exists, what causes it, or the extent of the problem.” Rather, he wrote, the kind of dispute in this case is better resolved by Congress and the executive branch rather than the courts.

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The tone of the majority opinion seemed to suggest that the E.P.A. would face a high barrier in arguing that greenhouse gases are not harmful. Justice Stevens alluded extensively to scientific findings in recent years attesting to the dangers of the gases, and he noted that the plaintiffs’ affidavits detailing those dangers were not contested.

Senator Kerry, who led the filibuster attempt against Alito, obviously with good reason, is quoted in the article, but here is his full statement: John Kerry on Massachusetts vs. EPA Supreme Court Verdict

WASHINGTON D.C - John Kerry made the following statement today after the Supreme Court ruled that the Clean Air Act gives the Environmental Protection Agency (EPA) the authority to regulate the emissions of carbon dioxide and other greenhouse gases from cars.

"It's an historic moment when the Supreme Court has to step in to protect the environment from the Bush Administration. Now that the White House must go back and take a fresh look at regulating greenhouse gas emissions from automobiles, they must take the challenge seriously.


"Science tells us we have a 10 year window in which to avoid a climate change catastrophe. The time to act is now. Massachusetts has led the way, the Supreme Court has spoken, Americans are making themselves heard, and we're going to keep fighting until a serious solution to climate change is enacted."


The Commonwealth of Massachusetts, 13 environmental groups, and 11 other states claimed victory today, after they sued the EPA last year.

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