Among the five cases granted certiorari this morning was Massachusetts v. EPA, a challenge by several states and environmental groups to the EPA’s refusal to regulate greenhouse gases under the Clean Air Act. The case involves interesting standing and statutory interpretation issues, about which I hope to have several posts in the coming weeks.
Background materials, the lower court opinions and Massachusetts’ cert petition can be found here. The Justice Department’s brief in opposition is here. Between this case and the New Source Review case already before the Court, next term promises to be a very important one for environmental law.