The U.S. Supreme
Court hears oral arguments today in a landmark global warming case. The case will decide whether the Clean Air
Act authorizes the U.S. Environmental Protection Agency (EPA) to regulate the
pollution that causes global warming.
“For six
years, the Bush administration has towed the oil, coal, and auto industry line
on global warming, but today is their day of reckoning,” said Environment
California Global Warming Advocate Jason Barbose.
In direct
conflict with previous EPA legal opinions, EPA now claims that the Clean Air
Act does not give it the authority to regulate global warming pollution. Yet,
the Clean Air Act explicitly authorizes EPA to regulate emissions of any
air pollutant that “may reasonably be anticipated to endanger public health or
welfare,” and it defines “welfare” to include adverse effects on “weather” and
“climate.”
“We’re optimistic that today marks a turning point in our
nation’s fight to protect future generations from global warming. Finally, we’ll be able to start to put to
work the many solutions that are available to reduce global warming pollution,”
said Barbose.
While the
case likely will have broad implications for regulating global warming from
cars, power plants, and other sources, the Supreme Court will consider whether current
law compels EPA to regulate global warming emissions from cars and
light-trucks. California’s global warming tailpipe emissions
standards for cars and light-trucks could be affected by the ruling in the case. Under the Clean Air Act, California may
adopt tailpipe emissions standards above and beyond minimum federal standards,
and other states are then allowed opt-in to California’s rules. So far, ten states also have adopted California’s clean
cars program.
“California and
other states have been at the forefront of action on global warming,” said Barbose.
California and the national advocacy office
for Environment California (U.S. PIRG) are petitioners in the case, along with
a coalition of states, cities, and environmental organizations. For a complete list of the petitioners
and other documents related to the case, go to www.cleancarscampaign.org and
click on “Court Action.”
