Revisiting Climate at the Supreme Court


The Supreme Court on Friday rudely interrupted President Biden’s trip to the Glasgow climate confab by agreeing to hear cases that will let the Justices revisit their misguided Massachusetts v. EPA (2007) ruling that empowered the Environmental Protection Agency to regulate greenhouse gases.

In Massachusetts v. EPA, four liberal Justices and Justice Anthony Kennedy ruled that the Clean Air Act granted the EPA sweeping authority to regulate greenhouse gases as pollutants that endanger public welfare and health. The Obama EPA subsequently issued its “endangerment finding,” asserting broad power to regulate greenhouse-gas emissions, including CO2 and methane.