| November 29, 2006 |  |
Global Warming's Day in Court
Statement by Julie Anderson, Senior Advisor, Union of Concerned Scientists
"For climate scientists, the verdict has long been in: the burning of fossil fuels is contributing to dangerous climate change. Now the issue of who has the right to fight the problem has moved to the Supreme Court, where for the first time justices heard oral arguments in a case that will have ramifications not only for future legal efforts to combat global warming, but also for legislative efforts to address this challenge.
"The case, Massachusetts v. EPA, is critical because the Court could decide:
1) whether states or individuals have "standing"—the legal right to initiate a suit—to demand that EPA regulate global warming emissions from cars and trucks,
2) whether EPA has authority under the Clean Air Act to regulate global warming emissions, including carbon dioxide, and
3) whether EPA has the discretion to decide not to regulate global warming emissions from cars and trucks if it has the authority to do so.
"For the sake of future generations, we hope the justices are persuaded by our case. Unfortunately, the administration continues to oppose any efforts to require the fossil fuel industry to reduce its emissions. Hopefully reason, and not politics, will win the day.
"The case began in 1999 when groups petitioned EPA to set standards for global warming pollutants emitted from cars and trucks. In 2003, EPA declined to regulate these pollutants, claiming that it has no authority under the Clean Air Act to regulate air pollutants associated with climate change. The Union of Concerned Scientists joined with 12 states, three cities, one territory and 12 other organizations to appeal the EPA's decision.
"A deeply divided U.S. Court of Appeals for the D.C. Circuit dismissed the case in 2005 and the Supreme Court agreed to hear the case. Following oral arguments today, a decision is expected sometime next summer."
The Union of Concerned Scientists puts rigorous, independent science to work to solve our planet's most pressing problems. Joining with citizens across the country, we combine technical analysis and effective advocacy to create innovative, practical solutions for a healthy, safe, and sustainable future.
