By a 5-4 vote, the U.S. Supreme Court today rejected the Environmental Protection Agency’s views (1) that the Clean Air Act doesn’t require regulation of carbon dioxide emissions from motor vehicles and (2) that, even if the Act does mandate regulation, the EPA may choose not to.  Massachusetts v. Environmental Protection Agency, No. 05-1120 (U.S. Apr. 2, 2007).  The decision represents a significant victory for environmental advocates. 

Justice Stevens wrote the majority opinion; the Chief Justice and Justices Scalia, Thomas, and Alito dissented.

Barry Barnett

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