Massachusetts v. USEPA

Good & Bad Environmental News From the U.S. Supreme Court

Escalating Legal Attacks on California’s Longstanding Clean Air Act “Waiver” Authority

This past week, the U.S. Supreme Court issued important orders in two closely-related environmental cases previously decided by the U.S. Court of Appeals for the District of Columbia.  Last Friday the justices granted review in Diamond Alternative Energy v. Environmental Protection Agency, agreeing to decide whether fossil fuel manufacturers have legal standing to challenge an …

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New Standing Barriers Erected for Federal Court Climate Change Litigation

Recent Ninth Circuit Decision Likely to Spell the End of Much Citizen Suit Litigation Over Climate Change in Federal Courts

In 2007, the U.S. Supreme Court’s famously ruled in Massachusetts v. USEPA that petitioners in that case had standing to sue the Environmental Protection Agency in federal court to challenge EPA’s failure to regulate greenhouse gas emissions under the Clean Air Act. Observers then could have been forgiven for thinking that this ruling flung open …

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