EPA has the authority to regulate greenhouse gases: US' top court

Washington (Platts)--2Apr2007


In a major victory for a number of US states and environmental groups,
the Supreme Court Monday rejected the Bush administration's argument that it
does not have authority to regulate emissions of carbon dioxide and other
so-called greenhouse gases that are blamed for global warming.

In a 5-4 decision, the high court struck down a lower-court opinion that
had upheld the Environmental Protection Agency's two main arguments against
regulating greenhouse gas emission from cars and trucks. EPA had argued that
it had no such regulatory authority under the Clean Air Act, and that it would
not exercise it as a policy matter even if it could.

Writing for the majority, Justice John Paul Stevens said EPA has "refused
to comply with [the] clear statutory command" of the CAA. "Instead, [EPA] has
offered a laundry list of reasons not to regulate," Stevens said in the
66-page opinion.

While the high court did not order EPA to devise a regulatory scheme for
vehicular greenhouse gas emissions, it did order the agency to further justify
its reasons for its "inaction" on global warming.

The plaintiffs in the case, are a coalition of states and environmental
groups led by Massachusetts. A host of industry groups had sided with EPA in
the case.

--Brian Hansen, brian_hansen@platts.com