Supreme Court Upholds Industry's Petition in GHG Public Nuisance Case

The U.S. Supreme Court yesterday upheld a petition by industry which sought to reverse a lower court ruling allowing states to litigate greenhouse gas (GHG) emission policies on the grounds cross-border GHGs create a public nuisance. The 8-0 decision by the justices was a victory for industry groups and was widely expected after justices expressed skepticism about the states’ position during oral arguments last April. Industry representatives welcomed the high court’s decision as “logical and just” saying it should “send a signal to those attempting to used arcane legal rules to advance their political agendas.” Environmental groups say the decision underscores EPA’s responsibility to regulate GHG emissions under the Clean Air Act....

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