Climate Change

The Alien Tort Claims Act Will Never Be a Viable Vehicle for Addressing Global Climate Change

Talk of global climate change has swept the country and even the world.  There is a growing consensus that time is running out and we, as citizens of this country, must take proactive steps to curb the emissions of greenhouse gasses.  As a result, several individuals, organizations, and even states have brought lawsuits demanding the reduction of greenhouse gas emissions.  None of these cases is bigger than the recent decision of the U.S. Supreme Court in Massachusetts v. EPA.

Massachusetts, Climate Change, and Frisbees

The decision of the United States Supreme Court in Massachusetts v. EPA, handed down on April 2, was not unexpected.  Legal observers had predicted that the result would be a 5-4 decision (which it was) and that the conservative wing of the Court (Roberts, Scalia, Thomas and Alito) would vote to uphold the D.C. Circuit decision (which they did).  The pundits also predicted that Justice Stevens would be the swing vote (which he was).

The Court’s holding that harm from climate change can confer standing to sue EPA for failure to comply with Clean Air Act requirements was neither unexpected nor particularly novel, notwithstanding the minority’s vigorous exception.  The Court’s holding that the definition of “air pollutant” in the Clean Air Act encompasses greenhouse gases was also not surprising.  That proposition had already been advanced in two EPA general counsel opinions in the 1990s, although a subsequent EPA general counsel reversed those opinions after the change of Administration in 2001.

New Mexico Moves Forward On CO2 Sequestration Efforts

Two weeks ago, the New Mexico Energy, Minerals and Natural Resources Department, Oil Conservation Division, held its first Stakeholder’s Meeting to discuss GreenHouse Gas emissions (GHGs) (i.e., carbon dioxide and methane) by the oil and gas industry.  This meeting was mandated by Governor Bill Richardson’s recent executive orders requiring reductions in GHGs in New Mexico.

Supreme Court Orders EPA to Regulate Greenhouse Gases Under Clean Air Act

Earlier today the U.S. Supreme Court reversed and remanded a federal appeals court decision upholding EPA's refusal to regulate greenhouse gases under the U.S. Clean Air Act in Massachusetts v. EPA.  This case carries enormous ramifications for climate change litigation and policy in the United States.

In its 5-4 decision, the Court focused particularly on Massachusetts' status as a sovereign entity, declaring that it is entitled to "special solicitude."  The Court explicitly found that the harms from climate change "are serious and well recognized," and rejected arguments the relief requested by Massachusetts and the other petitioners would not realistically mitigate those changes.  Citing the "enormity of the potential consequences" of climate change, the Court observed that even delayed incremental steps to address the issue are within the purview of federal courts.