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Court to Hear Case on Federal Regulation of 'Greenhouse Gases'

Posted on: Tuesday, 27 June 2006, 06:00 CDT

By Joan Biskupic and Traci Watson

WASHINGTON --The Supreme Court agreed Monday to hear its first case focused on global warming, accepting an appeal from a dozen states that are seeking federal regulation of gases emitted from new cars and trucks.

That case and another Clean Air Act dispute the court has agreed to hear are likely to make the annual term that begins in October a major test of environmental law. Rulings in the disputes could have a far-reaching effect on the chemicals that vehicles, factories and power plants pour into the nation's air.

The cases also could help define how the court, led by new Chief Justice John Roberts, will approach environmental regulation.

Last week, the court splintered as it resolved a dispute over the Clean Water Act. The decision suggested that Justice Anthony Kennedy, who is at the divided court's ideological center, could be the key vote in deciding such cases.

Kennedy cast the crucial vote to allow federal regulators to block development on isolated wetlands under the Clean Water Act as long as the marshy lands are ecologically connected to rivers, lakes and other navigable waters.

At issue in the case the court accepted Monday is whether federal law gives the Environmental Protection Agency the power to regulate "greenhouse gases," which some scientists blame for global warming. Twelve states and several cities sued the EPA for refusing to restrict the levels of carbon dioxide and other greenhouse gases from cars and trucks.

The justices said they would hear the states' appeal of a 2005 decision by an appeals court in Washington, D.C., that said the EPA properly concluded that it did not have the authority under the Clean Air Act to regulate such emissions. U.S. Solicitor General Paul Clement echoed that sentiment in urging the Supreme Court not to hear the case.

Massachusetts Attorney General Tom Reilly, a Democrat, is among the officials calling for EPA regulation of emissions. He has said the case concerns "one of the most serious environmental threats of our time."

A decision in favor of the states would not necessarily lead the EPA and the administration to require cutbacks in emissions, but it would give federal regulators the power to do so, said David Doniger of the Natural Resources Defense Council. A ruling favoring the EPA could make it difficult for the government to require large decreases in emissions unless Congress stepped in.

Another case on the fall schedule concerns the U.S. government's effort to cut smog and haze from power plants. The dispute will test standards under the Clean Air Act for determining when a utility plant's refurbishment plan would produce excessive emissions.

(c) Copyright 2005 USA TODAY, a division of Gannett Co. Inc.

Source: USA TODAY

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