Mass v. EPA Previews:

There were lots of news stories over the weekend previewing Wednesday's argument in Massachusetts v. EPA, as well as several editorials urging one outcome or another (see, e.g., here and here). One of the better stories was Joel Lang's coverage in the Hartford Courant.

For a basic rundown of the legal issues, one can consult this post by Justin Pidot on Grist. Pidot also authored this longer report surveying the whole field of climate-related litigation.

UPDATE: Lyle Denniston's preview on SCOTUSBlog is also well worth the read.

UPDATE: So, too, is this Dorf on Law post by Jamison Colburn.

Thorley Winston (mail) (www):
Question: what is the definition of an “air pollutant” under the CAA?
11.27.2006 12:59pm

§ 7521. Emission standards for new motor vehicles or new motor vehicle engines
How Current is This?

(a) Authority of Administrator to prescribe by regulation
Except as otherwise provided in subsection (b) of this section—
(1) The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under subsection (d) of this section, relating to useful life of vehicles for purposes of certification), whether such vehicles and engines are designed as complete systems or incorporate devices to prevent or control such pollution.
(2) Any regulation prescribed under paragraph (1) of this subsection (and any revision thereof) shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.
(A) In general.—
(i) Unless the standard is changed as provided in subparagraph (B), regulations under paragraph (1) of this subsection applicable to emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and particulate matter from classes or categories of heavy-duty vehicles or engines manufactured during or after model year 1983 shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and safety factors associated with the application of such technology.
(ii) In establishing classes or categories of vehicles or engines for purposes of regulations under this paragraph, the Administrator may base such classes or categories on gross vehicle weight, horsepower, type of fuel used, or other appropriate factors.

Which is from TITLE 42 > CHAPTER 85 > SUBCHAPTER II > Part A > § 7521
11.28.2006 12:49am