Massachusetts v. EPA

On Wednesday, the U.S. Supreme Court will hear oral argument in a significant environmental law case. From The Christian Science Monitor:

At issue in Massachusetts v. US Environmental Protection Agency is whether EPA officials acted properly when they declined to issue national regulations limiting the release of four greenhouse gases from new automobile models. The gases are carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons.

EPA officials say the agency lacks the power to regulate greenhouse gases. The Clean Air Act authorizes the EPA to take action to reduce and control agents that cause "air pollution." But agency officials have concluded that greenhouse gases are not agents of air pollution. They say the Clean Air Act does not address global climate change.

As a fallback position, EPA officials say that even if they do have authority to regulate greenhouse gases under the Clean Air Act they also have discretion under the act to decide when to initiate such measures. The officials have said there was scientific uncertainty about global warming and that they wanted to wait for more research and additional action by Congress before crafting an appropriate response.

Massachusetts along with 11 other states, three cities, a US territory, and numerous environmental groups are urging the Supreme Court to order the EPA to faithfully enforce the law as passed by Congress.

"A straightforward reading of the language of the Clean Air Act shows that carbon dioxide and other air pollutants associated with climate change are 'air pollutants' potentially subject to regulation [under the Clean Air Act]," writes Massachusetts Assistant Attorney General James Milkey, in his brief. "When Congress has spoken as plainly as it has here, an administrative agency is bound to obey that legislative command."

Would it surprise you to know that the State of Texas, via Attorney General Greg Abbott, intervened in this lawsuit on the side of the EPA? I didn’t think so. According to the Houston Chronicle . . .

A spokesman for Texas Attorney General Greg Abbott declined to comment on the case or discuss why Texas decided to side with EPA. Environmental groups in the state say they can guess why the state intervened.

"Among all states, Texas is by far the No. 1 emitter of greenhouse gas pollution," said Colin Rowan, director of regional communication for Environmental Defense.

If Texas were a country, it would rank seventh in the world in greenhouse gas emissions.

"But Texas has no plan to stop it, slow it down or deal with the consequences," Rowan said. "We don't even have an official state inventory of what's at risk. Other states are trying to reduce their greenhouse gas emissions, but Texas is poised to build 19 coal-fired power plants that will emit an additional 110 million tons of greenhouse gas pollution a year. That's a pretty good snapshot of the path our leaders have taken us down."

Yes, my fellow Texans, your tax dollars are working to help keep the greenhouse gases flowing. Some things are just worth fighting for.