Massachusetts v. Environmental Protection Agency
AI Case Brief
Generate an AI-powered case brief with:
Estimated cost: $0.001 - $0.003 per brief
Full Opinion
delivered the opinion of the Court.
A well-documented rise in global temperatures has coincided with a significant increase in the concentration of car
Calling global warming âthe most pressing environmental challenge of our time,â
In response, EPA, supported by . 10 intervening States
I
Section 202(a)(1) of the Clean Air Act, as added by Pub. L. 89-272, § 101(8), 79 Stat. 992, and as amended by, inter alia, 84 Stat. 1690 and 91 Stat. 791, 42 U.S.C. § 7521(a)(1), provides:
âThe [EPA] Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare .. . .â7
The Act defines âair pollutantâ to include âany air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive . . . substance or matter which is emitted into or otherwise enters the ambient air.â § 7602(g). âWelfareâ is also defined broadly: among other things, it includes âeffects on . . . weather . . . and climate.â § 7602(h).
In the late 1970âs, the Federal Government began devoting serious attention to the possibility that carbon dioxide emissions associated with human activity could provoke climate change. In 1978, Congress enacted the National Climate Program Act, 92 Stat. 601, which required the President to establish a program to âassist the Nation and the world to
Congress next addressed the issue in 1987, when it enacted the Global Climate Protection Act, Title XI of Pub. L. 100-204, 101 Stat. 1407, note following 15 U. S. C. § 2901. Finding that âmanmade pollution â the release of carbon dioxide, chlorofluoroearbons, methane, and other trace gases into the atmosphere â may be producing a long-term and substantial increase in the average temperature on Earth,â §1102(1), 101 Stat. 1408, Congress directed EPA to propose to Congress a âcoordinated national policy on global climate change,â § 1103(b), and ordered the Secretary of State to work âthrough the channels of multilateral diplomacyâ and coordinate diplomatic efforts to combat global warming, § 1103(c). Congress emphasized that âongoing pollution and deforestation may be contributing now to an irreversible processâ and that â[njecessary actions must be identified and implemented in time to protect the climate.â § 1102(4).
Meanwhile, the scientific understanding of climate change progressed. In 1990, the Intergovernmental Panel on Climate Change (IPCC), a multinational scientific body organized under the auspices of the United Nations, published its first comprehensive report on the topic. Drawing on expert opinions from across the globe, the IPCC concluded that âemissions resulting from human activities are substantially
Responding to the IPCC report, the United Nations convened the âEarth Summitâ in 1992 in Rio de Janeiro. The first President Bush attended and signed the United Nations Framework Convention on Climate Change (UNFCCC), a nonbinding agreement among 154 nations to reduce atmospheric concentrations of carbon dioxide and other greenhouse gases for the purpose of âpreventing] dangerous anthropogenic [i. e., human-induced] interference with the [Earthâs] climate system.â
Some five years later â after the IPCC issued a second comprehensive report in 1995 concluding that â[t]he balance of evidence suggests there is a discernible human influence on global climateâ
On October 20, 1999, a group of 19 private organizations
Fifteen months after the petition's submission, EPA requested public comment on âall the issues raised in [the] petition,â adding a âparticularâ request for comments on âany scientific, technical, legal, economic or other aspect of these issues that may be relevant to EPAâs consideration of this petition.â 66 Fed. Reg. 7486, 7487 (2001). EPA received more than 50,000 comments over the next five months. See 68 Fed. Reg. 52924 (2003).
Before the close of the comment period, the White House sought âassistance in identifying the areas in the science of climate change where there are the greatest certainties and uncertaintiesâ from the National Research Council, asking for a response âas soon as possible.â App. 213. The result was a 2001 report titled Climate Change Science: An Analysis of Some Key Questions (NRC Report), which, drawing heavily on the 1995 IPCC report, concluded that â[greenhouse gases are accumulating in Earthâs atmosphere as a result of human activities, causing surface air temperatures and subsurface ocean temperatures to rise. Temperatures are, in fact, rising.â NRC Report 1.
On September 8, 2003, EPA entered an order denying the rulemaking petition. 68 Fed. Reg. 52922. The Agency gave two reasons for its decision: (1) that contrary to the opinions of its former general counsels, the Clean Air Act does not authorize EPA to issue mandatory regulations to address global climate change, see id., at 52925-52929; and (2) that even if the Agency had the authority to set greenhouse gas emission standards, it would be unwise to do so at this time, id., at 52929-52931.
In concluding that it lacked statutory authority over greenhouse gases, EPA observed that Congress âwas well aware of the global climate change issue when it last comprehensively amended the [Clean Air Act] in 1990,â yet it declined to adopt a proposed amendment establishing binding
EPA stated that it was âurged on in this view,â 68 Fed. Reg. 52928, by this Courtâs decision in FDA v. Brown & Williamson Tobacco Corp., 529 U. S. 120 (2000). In that case, relying on âtobacco[âs] unique political history,â id., at 159, we invalidated the Food and Drug Administrationâs reliance on its general authority to regulate drugs as a basis for asserting jurisdiction over an âindustry constituting a significant portion of the American economy,â ibid.
EPA reasoned that climate change had its own âpolitical historyâ: Congress designed the original Clean Air Act to address local air pollutants rather than a substance that âis fairly consistent in its concentration throughout the worldâs atmosphere,â 68 Fed. Reg. 52927; declined in 1990 to enact proposed amendments to force EPA to set carbon dioxide emission standards for motor vehicles, ibid, (citing H. R. 5966, 101st Cong., 2d Sess. (1990)); and addressed global climate change in other legislation, 68 Fed. Reg. 52927. Because of this political history, and because imposing emission limitations on greenhouse gases would have even greater economic and political repercussions than regulating tobacco, EPA was persuaded that it lacked the power to do so. Id., at 52928. In essence, EPA concluded that climate change was so important that unless Congress spoke with exacting specificity, it could not have meant the Agency to address it.
Even assuming that it had authority over greenhouse gases, EPA explained in detail why it would refuse to exercise that authority. The Agency began by recognizing that the concentration of greenhouse gases has dramatically increased as a result of human activities, and acknowledged the attendant increase in global surface air temperatures. Id., at 52930. EPA nevertheless gave controlling importance to the NRC Reportâs statement that a causal link between the two ââcannot be unequivocally established.ââ Ibid, (quoting NRC Report 17). Given that residual uncertainty, EPA concluded that regulating greenhouse gas emissions would be unwise. 68 Fed. Reg. 52930.
The Agency furthermore characterized any EPA regulation of motor-vehicle emissions as a âpiecemeal approachâ to climate change, id., at 52931, and stated that such regulation would conflict with the Presidentâs âcomprehensive approachâ to the problem, ibid. That approach involves additional support for technological innovation, the creation of nonregulatory programs to encourage voluntary private-sector reductions in greenhouse gas emissions, and further research on climate change â not actual regulation. Id., at 52932-52933. According to EPA, unilateral EPA regulation of motor-vehicle greenhouse gas emissions might also
III
Petitioners, now joined by intervenor States and local governments, sought review of EPAâs order in the United States Court of Appeals for the District of Columbia Circuit.
In his opinion announcing the courtâs judgment, Judge Randolph avoided a definitive ruling as to petitionersâ standing, id., at 56, reasoning that it was permissible to proceed to the merits because the standing and the merits inquiries âoverlapped],â ibid. Assuming without deciding that the statute authorized the EPA Administrator to regulate greenhouse gas emissions that âin his judgmentâ may âreasonably be anticipated to endanger public health or welfare,â 42 U. S. C. § 7521(a)(1), Judge Randolph concluded that the exercise of that judgment need not be based solely on scientific evidence, but may also be informed by the sort of policy judgments that motivate congressional action. 415 F. 3d, at 58. Given that framework, it was reasonable for EPA to base its decision on scientific uncertainty as well as on other factors, including the concern that unilateral regulation of U. S. motor-vehicle emissions could weaken efforts to reduce greenhouse gas emissions from other countries. Ibid.
Judge Sentelle wrote separately because he believed petitioners failed to âdemonstrate] the element of injury neces
Judge Tatel dissented. Emphasizing that EPA nowhere challenged the factual basis of petitionersâ affidavits, id., at 66, he concluded that at least Massachusetts had âsatisfied each element of Article III standing â injury, causation, and redressability,â id., at 64. In Judge Tatelâs view, the ââsubstantial probability,ââ id., at 66, that projected rises in sea level would lead to serious loss of coastal property was a âfar cryâ from the kind of generalized harm insufficient to ground Article III jurisdiction. Id., at 65. He found that petitionersâ affidavits more than adequately supported the conclusion that EPAâs failure to curb greenhouse gas emissions contributed to the sea level changes that threatened Massachusettsâ coastal property. Ibid. As to redressability, he observed that one of petitionersâ experts, a former EPA climatologist, stated that â â[achievable reductions in emissions of C02 and other [greenhouse gases] from U. S. motor vehicles would... delay and moderate many of the adverse impacts of global warming.ââ Ibid, (quoting declaration of Michael MacCracken, former Executive Director, U. S. Global Change Research Program ¶50 (hereinafter MacCracken Deck), available in 2 Petitionersâ Standing Appendix in No. 03-1361 etc. (CADC), p. 209 (Stdg. App.)). He further noted that the one-time director of EPAâs motor-vehicle pollution control efforts stated in an affidavit that enforceable emission standards would lead to the development of new technologies that ââwould gradually be mandated by other countries around
IV
Article III of the Constitution limits federal-court jurisdiction to âCasesâ and âControversies.â Those two words confine âthe business of federal courts to questions presented in an adversary context and in a form historically viewed as capable of resolution through the judicial process.â Flast v. Cohen, 392 U. S. 83, 95 (1968). It is therefore familiar learning that no justiciable âcontroversyâ exists when parties seek adjudication of a political question, Luther v. Borden, 7 How. 1 (1849), when they ask for an advisory opinion, Hayburnâs Case, 2 Dall. 409 (1792), see also Clinton v. Jones, 520 U. S. 681,700, n. 33 (1997), or when the question sought to be adjudicated has been mooted by subsequent developments, California v. San Pablo & Tulare R. Co., 149 U. S. 308 (1893). This case suffers from none of these defects.
The partiesâ dispute turns on the proper construction of a congressional statute, a question eminently suitable to resolution in federal court. Congress has moreover authorized this type of challenge to EPA action. See 42 U. S. C. § 7607(b)(1). That authorization is of critical importance to the standing inquiry: âCongress has the power to define injuries and articulate chains of causation that will give rise to a case or controversy where none existed before.â Lujan, 504 U. S., at 580 (Kennedy, J., concurring in part and concurring in judgment). âIn exercising this power, however, Congress must at the very least identify the injury it seeks to vindicate and relate the injury to the class of persons entitled to bring suit.â Ibid. We will not, therefore, âentertain citi
EPA maintains that because greenhouse gas emissions inflict widespread harm, the doctrine of standing presents an insuperable jurisdictional obstacle. We do not agree. At bottom, âthe gist of the question of standingâ is whether petitioners have âsuch a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination.â Baker v. Carr, 369 U. S. 186, 204 (1962). As Justice Kennedy explained in his Lujan concurrence:
âWhile it does not matter how many persons have been injured by the challenged action, the party bringing suit must show that the action injures him in a concrete and personal way. This requirement is not just an empty formality. It preserves the vitality of the adversarial process by assuring both that the parties before the court have an actual, as opposed to professed, stake in the outcome, and that the legal questions presented ... will be resolved, not in the rarified atmosphere of a debating society, but in a concrete factual context conducive to a realistic appreciation of the consequences of judicial action.â 504 U. S., at 581 (internal quotation marks omitted).
To ensure the proper adversarial presentation, Lujan holds that a litigant must demonstrate that it has suffered a concrete and particularized injury that is either actual or imminent, that the injury is fairly traceable to the defendant, and that it is likely that a favorable decision will redress that injury. See id., at 560-561. However, a litigant to whom Congress has âaccorded a procedural right to protect his concrete interests,â id., at 572, n. 7 â here, the right to challenge agency action unlawfully withheld, § 7607(b)(1) â âcan assert that right without meeting all the normal standards for re
Only one of the petitioners needs to have standing to permit us to consider the petition for review. See Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U. S. 47, 52, n. 2 (2006). We stress here, as did Judge Tatel below, the special position and interest of Massachusetts. It is of considerable relevance that the party seeking review here is a sovereign State and not, as it was in Lujan, a private individual.
Well before the creation of the modern administrative state, we recognized that States are not normal litigants for the purposes of invoking federal jurisdiction. As Justice Holmes explained in Georgia v. Tennessee Copper Co., 206 U. S. 230, 237 (1907), a case in which Georgia sought to protect its citizens from air pollution originating outside its borders:
âThe case has been argued largely as if it were one between two private parties; but it is not. The very elements that would be relied upon in a suit between fellow-citizens as a ground for equitable relief are wanting here. The State owns very little of the territory alleged to be affected, and the damage to it capable of estimate in money, possibly, at least, is small. This is a suit by a State for an injury to it in its capacity of gwcm-sovereign. In that capacity the State has an interest independent of and behind the titles of its citizens,*519 in all the earth and air within its domain. It has the last word as to whether its mountains shall be stripped of their forests and its inhabitants shall breathe pure air.â
Just as Georgiaâs independent interest âin all the earth and air within its domainâ supported federal jurisdiction a century ago, so too does Massachusettsâ well-founded desire to preserve its sovereign territory today. Cf. Alden v. Maine, 527 U. S. 706, 715 (1999) (observing that in the federal system, the States âare not relegated to the role of mere provinces or political corporations, but retain the dignity, though not the full authority, of sovereigntyâ). That Massachusetts does in fact own a great deal of the âterritory alleged to be affectedâ only reinforces the conclusion that its stake in the outcome of this case is sufficiently concrete to warrant the exercise of federal judicial power.
When a State enters the Union, it surrenders certain sovereign prerogatives. Massachusetts cannot invade Rhode Island to force reductions in greenhouse gas emissions, it cannot negotiate an emissions treaty with China or India, and in some circumstances the exercise of its police powers to reduce in-state motor-vehicle emissions might well be pre-empted. See Alfred L. Snapp & Son, Inc. v. Puerto Rico ex rel. Barez, 458 U. S. 592, 607 (1982) (âOne helpful indication in determining whether an alleged injury to the health and welfare of its citizens suffices to give the State standing to sue parens patriae is whether the injury is one that the State, if it could, would likely attempt to address through its sovereign lawmaking powersâ).
These sovereign prerogatives are now lodged in the Federal Government, and Congress has ordered EPA to protect Massachusetts (among others) by prescribing standards applicable to the âemission of any air pollutant from any class or classes of new motor vehicle engines, which in [the Administratorâs] judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public
The Injury
The harms associated with climate change are serious and well recognized. Indeed, the NRC Report itself â which EPA regards as an âobjective and independent assessment of the relevant science,â 68 Fed. Reg. 52930 â identifies a number of environmental changes that have already inflicted significant harms, including âthe global retreat of mountain glaciers, reduction in snow-cover extent, the earlier spring melting of ice on rivers and lakes, [and] the accelerated rate of rise of sea levels during the 20th century relative to the past few thousand years . . . .â NRC Report 16.
Petitioners allege that this only hints at the environmental damage yet to come. According to the climate scientist Michael MacCracken, âqualified scientific experts involved in climate change researchâ have reached a âstrong consensusâ that global warming threatens (among other things) a precipitate rise in sea levels by the end of the century, MacCraeken Decl. ¶ 5, Stdg. App. 207, âsevere and irreversible changes to natural ecosystems,â id., ¶ 5(d), at 209, a âsignificant reduction in water storage in winter snowpack in mountainous regions with direct and important economic consequences,â ibid., and an increase in the spread of disease, id., ¶ 28, at 218-219. He also observes that rising ocean temper
That these climate-change risks are âwidely sharedâ does not minimize Massachusettsâ interest in the outcome of this litigation. See Federal Election Commân v. Akins, 524 U. S. 11, 24 (1998) (â[W]here a harm is concrete, though widely shared, the Court has found âinjury in factââ). According to petitionersâ unchallenged affidavits, global sea levels rose somewhere between 10 and 20 centimeters over the 20th century as a result of global warming. MacCracken Decl. ¶ 5(c), Stdg. App. 208. These rising seas have already begun to swallow Massachusettsâ coastal land. Id., at 196 (declaration of Paul H. Kirshen ¶ 5), 216 (MacCracken Deck ¶23). Because the Commonwealth âowns a substantial portion of the stateâs coastal property,â id., at 171 (declaration of Karst R. Hoogeboom ¶ 4),
Causation
EPA does not dispute the existence of a causal connection between manmade greenhouse gas emissions and global warming. At a minimum, therefore, EPAâs refusal to regulate such emissions âcontributesâ to Massachusettsâ injuries.
EPA nevertheless maintains that its decision not to regulate greenhouse gas emissions from new motor vehicles contributes so insignificantly to petitionersâ injuries that the Agency cannot be haled into federal court to answer for them. For the same reason, EPA does not believe that any realistic possibility exists that the relief petitioners seek would mitigate global climate change and remedy their injuries. That is especially so because predicted increases in greenhouse
But EPA overstates its case. Its argument rests on the erroneous assumption that a small incremental step, because it is incremental, can never be attacked in a federal judicial forum. Yet accepting that premise would doom most challenges to regulatory action. Agencies, like legislatures, do not generally resolve massive problems in one fell regulatory swoop. See Williamson v. Lee Optical of Okla., Inc., 348 U. S. 483, 489 (1955) (â[A] reform may take one step at a time, addressing itself to the phase of the problem which seems most acute to the legislative mindâ)- They instead whittle away at them over time, refining their preferred approach as circumstances change and as they develop a more nuanced understanding of how best to proceed. Cf. SEC v. Chenery Corp., 332 U. S. 194, 202 (1947) (âSome principles must await their own development, while others must be adjusted to meet particular, unforeseeable situationsâ). That a first step might be tentative does not by itself support the notion that federal courts lack jurisdiction to determine whether that step conforms to law.
And reducing domestic automobile emissions is hardly a tentative step. Even leaving aside the other greenhouse gases, the United States transportation sector emits an enormous quantity of carbon dioxide into the atmosphere â according to the MacCracken affidavit, more than 1.7 billion metric tons in 1999 alone. ¶ 30, Stdg. App. 219. That accounts for more than 6% of worldwide carbon dioxide emissions. Id., at 232 (Oppenheimer Decl. ¶3); see also MacCracken Decl. ¶31, at 220. To put this in perspective: Considering just emissions from the transportation sector, which represent less than one-third of this country's total carbon dioxide emissions, the United States would still rank as the third-largest emitter of carbon dioxide in the world,
The Remedy
While it may be true that regulating motor-vehicle emissions will not by itself reverse global warming, it by no means follows that we lack jurisdiction to decide whether EPA has a duty to take steps to slow or reduce it. See also Larson v. Valente, 456 U. S. 228, 244, n. 15 (1982) ("[A] plaintiff satisfies the redressability requirement when he shows that a favorable decision will relieve a discrete injury to himself. He need not show that a favorable decision will relieve his every injuryâ). Because of the enormity of the potential consequences associated with manmade climate change, the fact that the effectiveness of a remedy might be delayed during the (relatively short) time it takes for a new motor-vehicle fleet to replace an older one is essentially irrelevant.
We moreover attach considerable significance to EPAâs âagree[ment] with the President that âwe must address the issue of global climate change,â â 68 Fed. Reg. 52929 (quoting remarks announcing Clear Skies and Global Climate Initiatives, 2002 Public Papers of George W. Bush, Vol. 1, Feb. 14, p. 227 (2004)), and to EPAâs ardent support for various voluntary emission-reduction programs, 68 Fed. Reg. 52932. As Judge Tatel observed in dissent below, âEPA would presumably not bother with such efforts if it thought emissions reductions would have no discernable impact on future global warming.â 415 F. 3d, at 66.
In sum â at least according to petitionersâ uncontested affidavits â the rise in sea levels associated with global warming has already harmed and will continue to harm Massachusetts. The risk of catastrophic harm, though remote, is nevertheless real. That risk would be reduced to some extent if petitioners received the relief they seek. We therefore