Massachusetts v. EPA is easily the most important environmental case before the Supreme Court in several years. The primary issues are whether the Environmental Protection Agency has the authority to regulate vehicular emissions of greenhouse gases under the Clean Air Act and, if so, whether it properly denied petitions asking the agency to do just that. The case also presents an interesting standing question, and will provide an important indication of how the Roberts court will treat innovative standing claims. The oral argument is scheduled for the end of the month.
I participated in an amicus curiae brief with other law professors and the Cato Institute (which should soon be available here), and I plan to blog a fair amount on the case in the weeks ahead. Next Tuesday I will also be speaking on a panel discussing the case at the American Enterprise Institute in Washington, D.C. Also on the panel are Georgetown's Lisa Heinzerling (who worked for the petitioners in the case), Michigan's Barry Rabe, and Ed Warren of Kirkland & Ellis. Event details and registration info are here. The merits briefs of the parties and many (though not all) of the amici are available here.