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In Massachusetts v. EPA, petitioners - twelve states, three cities, an American territory, and numerous health and environmental groups - have asked the Supreme Court to hold that the Clean Air Act gives EPA the power to regulate greenhouse gas emissions from motor vehicles and that EPA may not decline to exercise this power based on statutorily irrelevant factors. The problem petitioners ultimately seek to address - climate change - is unique in its scope and complexity. But the legal issues before the Court in Massachusetts v. EPA are neither particularly grand nor particularly complex. They are the kinds of statutory and administrative law issues courts address every day in this country without great trouble or fanfare. My aim in this Article is to show that a standard approach to the legal issues raised in Massachusetts v. EPA dictates a ruling in petitioners' favor.

Publication Citation

42 U.S.F. L.Rev. 111-153 (2007)