The U.S. Court of Appeals for the D.C. Circuit just ruled that the Environmental Protection Agency is not required to regulate greenhouse gases under the Clean Air Act. The splintered opinion in Massachusetts v. EPA, in which three judges issued three competing opinions, is available here. This is a big victory for the Bush Administration as well as for common sense. (I’ve addressed some of the relevant legal claims here.) This case is not going away, however, as a petition for en banc and/or Supreme Court review is a near certainty. [Cross-posted at The Commons Blog here.]
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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