Global Warming in the Supreme CourtMike Rappaport

As readers of this blog will know, I am not in favor of regulating greenhouse gases and therefore I opposed the Supreme Court’s decision in Massachusetts v. EPA on policy grounds.  But who had the better argument on the law?

There were two main issues in the case: First, did Massachusetts have standing to bring the lawsuit and, second, did the Clean Air Act require that EPA regulate greenhouse gases, assuming it believed they cause global warming? 

One blogger that I tend to read on these matters is Jonathan Adler.  Jonathan argues that the Supreme Court got the case wrong, that Chief Justice Roberts wrote a strong opinion on the standing issue, and that Justice Scalia had a weak performance on the Clean Air Act issue.

Well, I tend to agree with Jonathan.  Chief Justice Roberts’ dissent make a good case