Today, Community Rights Counsel (CRC) filed an amicus curiae brief on behalf of the U.S. Conference of Mayors, National Association of Counties, American Planning Association, and the City of Seattle urging the U.S. Supreme Court to review Massachusetts v. U.S. Environmental Protection Agency, a challenge to EPA’s refusal to regulate greenhouse gas emissions from new motor vehicles. The amicus brief asks the Court to grant the petition for certiorari filed in March 2006 by twelve states, two cities, numerous environmental groups, and many others.
The amicus brief shows that the case raises issues of exceptional importance regarding EPA’s legal authority to regulate greenhouse gas emissions under the federal Clean Air Act. It also demonstrates that EPA’s shifting position contradicts the plain language of the Act, and that the deeply fractured lower court ruling has left this critical issue in legal limbo.
“The nation’s local officials will be the first responders to the disasters that global warming will bring, including more intense hurricanes, severe flooding, and deadly heat waves,” explained Timothy J. Dowling, CRC’s Chief Counsel. “In light of the overwhelming scientific consensus that global warming is occurring, the court urgently needs to set EPA straight so the agency can fulfill its statutory duty to control greenhouse gases,” he added.