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Massachusetts v. Environmental Protection Agency

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Bloomberg Law

Citation. 22 Ill.549 U.S. 497, 127 S. Ct. 1438, 167 L. Ed. 2d 248, 63 ERC 2057 (2007)

Brief Fact Summary.  

The State of Massachusetts is suing the Environmental Protection Agency (EPA) for denial of their rulemaking petition in connection to regulation of green-house gases.

Synopsis of Rule of Law.  

In order to have standing to sue in a federal court the petitioner must have; injury in fact, causation, and redressability in the claim, these elements are easier to meet if you are a State rather than an individual.

Facts. The coast of Massachusetts is in danger due to possible issues of global warming. In order to protect the State’s interest in the land on the coast, the State of Massachusetts petitions the EPA to regulate gas emissions from cars. There is much research to show such emissions add to green house gases that effect or cause global warming which in turn affects the water on the coast. The EPA denied the request. Now the State of Massachusetts is suing the EPA for not enforcing the Clean Air Act.


  Whether a State has standing to sue the EPA for not enforcing the Clean Air Act.

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