Massachusetts v. EPA
On Monday, the Supreme Court issued a much-awaited decision in Massachusetts v. EPA (05-1120), holding that the EPA does, in fact, have statutory authority to regulate greenhouse (the EPA has been denying that it could regulate carbon dioxide, even if it wanted to – which it doesn’t). The Court also ordered the EPA either to promulgate meaningful regulations, or offer some sophisticated scientific basis for not doing so. I must agree with Gary Feinerman, the Solicitor General for Illinois, that Mass v. EPA foreshadows a “more active role for States in attempting to drive the regulatory agenda at the national level." More specifically, it enhances the role of a state Attorney General to include intense involvement in national policy and federal administrative agencies. These cases came from the AG offices, not by public referendum in each petitioning state. Disclosure: I worked on this case during its nascent stage, very briefly, during my stint at the Connecticut Attorney Genera...