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Recent Supreme Court Victories


Commonwealth of Massachusetts v. United States Environmental Protection Agency,
127 S.Ct. 1438 (2007)

In response to a petition from states and environmental groups, the EPA declared that it lacked authority under the Clean Air Act to regulate greenhouse gas emissions from cars, and that even if it had the authority, the EPA would choose not to exercise it.  The states and environmental groups sued, challenging both of EPA’s justifications.  A major issue in the case was whether any plaintiff could demonstrate that they suffered sufficient concrete harms from global warming to give them standing to bring the case in federal court.

On April 2, 2007, the Supreme Court ruled 5-4 in favor of Massachusetts, holding that EPA must reconsider whether to regulate greenhouse gas emissions from motor vehicles under section 202 of the federal Clean Air Act. The ruling represents a tremendous victory in one of the most important environmental cases ever decided by the Supreme Court on the preeminent environmental challenge of our time.

Global Warming Law Blog: For the latest information on the global warming litigation please visit our blog at

Supreme Court Opinion

Oral Argument Transcript



"Global Warming in the Supreme Court: What Does Massachusetts v. EPA Mean for You (and Planet Earth)?" Planning & Environmental Law, August, 2007

"Transforming the Global Warming Debate" The McClatchy-Tribune Information Services, April 25, 2007

"How Environmentalists Can Win Over the Supreme Court: Debate the Framers," The New Republic, December 1, 2006

"Court Must Make EPA Do Its Job on Global Warming," California Daily Journal Op-ed Nov. 29, 2006

"Storm Warning: An EPA Decision to Ignore Global Warming Calls for Supreme Court Attention," Legal Times, June 5, 2006

"Justices Must Hear Latest Greenhouse Gas Case," California Daily Journal, June 7, 2006


Parties' Briefs

Petitioners' Opening Brief

Respondent EPA Brief
Respondent States' Brief
Respondent CO2 Litigation Group Brief
Respondent Vehicle Manuf. Group Brief
Respondent Utility Air Regulatory Group Brief

Petitioners' Reply Brief

Joint Appendix

Petitioners' Amici

CRC's Amicus Brief (for local officials and planners)
Scientists' Amicus Brief
Former Administrators' Amicus Brief
Madeleine Albright Amicus Brief
Wildlife Amicus Brief
State Amicus Brief
Native Alaskan Amicus Brief

Entergy Amicus Brief
North Coast Rivers et al., Amicus Brief
Aspen Skiing Amicus Brief
Delaware Amicus Brief
Religious Groups Amicus Brief
Ocean and Conservation Interest Amicus Brief
Calpine Amicus Brief

Respondents' Amici

Pacific Legal Foundation Amicus Brief
Carr Amicus Brief
Bork et al. Amicus Brief
UJAE Amicus Brief
Taft Amicus Brief
Cato, Adler, et al. Amicus Brief
Baumol et al. Amicus Brief
Climatologists Amicus Brief
Washington Legal Found. Amicus Brief


Cert. Petition
Cert. Pet. Appendix














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