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.
“Under the Bush Administration, the EPA has refused to acknowledge global warming gases as an air pollutant. So, as New Mexico and other states have moved forward with promising solutions to global warming, the federal government has ignored the problem,” said Environment New Mexico environmental associate Lauren Ketcham.
In direct conflict with previous EPA legal opinions, the 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 the 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 Ketcham
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 the EPA to regulate global warming emissions from cars and light-trucks. New Mexico’s plan to regulate global warming tailpipe emissions standards for cars and light-trucks could be affected by the ruling in the case.
Under the Clean Air Act, states may adopt California’s tailpipe emissions standards in lieu of minimum federal standards, and in October, Governor Richardson announced his support of the program and included in his 2007 energy and environment agenda. Ten other states also have adopted the standards.
“The states have been at the forefront of action on global warming,” said Ketcham.
New Mexico and 11 other states (CA, CT, IL, MA, ME, NJ, NY, OR, RI, VT and WA) are petitioners in the case, along with the City of Albuquerque and numerous environmental organizations including U.S. PIRG.
For a complete list of the petitioners and other documents related to the case, go to www.cleancarscampaign.org and click on “Court Action.”
