State Courts to Implement U.S. Supreme Court Greenhouse Gas Decision? Friends of the Chattahoochee v. Georgia Department of Natural Resources Suggests Yes
Publication Date: July 18, 2008
On April 2, 2007, the U.S. Supreme Court determined, in Massachusetts v. EPA, that greenhouse gasses fit within the Clean Air Act’s (“CAA”) definition of “air pollutant,” and that EPA had the authority to regulate the emission of these greenhouse gases. To date, the sole action taken by EPA regarding this judicially recognized authority is to issue, on July 11, 2008, an Advance Notice of Proposed Rulemaking seeking public comment on regulating greenhouse gas emissions under the CAA. States, and state courts, however, are giving indication of less reticence in directing that specific actions be taken in response to Massachusetts.
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