Going to court over climate change

The problem of climate change is currently discussed at the US Supreme Court. Twelve states, led by Massachusetts, plus a handful of cities and non-profit organizations are confronting the Environmental Protection Agency (EPA) on its failure to regulate CO2 emissions from motor vehicles.
The case originates in a petition from way back in 1999. Under the Clinton Administration, the EPA took the position that it had authority to regulate greenhouse gas emissions under the Clean Air Act. So a group of environmentalists officially asked the EPA to exercise that authority over cars. But in August 2003, under the Bush Administration, the EPA reversed its stance, claiming that it did not have authority to regulate greenhouse gas emissions. And it stated that if it did have the authority, it would choose not to regulate emissions.
The EPA does not dispute that carbon dioxide is playing a role in climate change, just whether or not it has the authority to regulate greenhouse gases. The EPA is obliged to regulate all atmospheric gases which are considered an «endangerment to public health and the environment«. Decisions on this case will probably be made in early to mid 2007.
The US government has been sued over climate change before. Two non-profit organizations and four cities are challenging the federal government for providing more than US$32 billion to fossil fuel projects such as oil fields, pipelines and coal-fired power plants, without considering the impacts on global warming as required under the National Environmental Policy Act (NEPA). This case went before a US District Court in California in April 2006; the parties are still awaiting a decision.
Such lawsuits have the potential to affect climate policy worldwide. Should the accusers succeed the outcome would in all probability exert pressure on political leaders in general and on the US government in particular.
Based on: www.nature.com
Published online: 8 September 2006