U.S. Supreme Court

Case Status


Docket Number



2006 Term

Oral Argument Date

November 29, 2006


Questions Presented

1. Whether the EPA Administrator may decline to issue emission standards for motor vehicles based on policy considerations not enumerated in section 202(a)(1).

2. Whether the EPA Administrator has authority to regulate carbon dioxide and other air pollutants associated with climate change under section 202(a)(1).

Case Updates

Supreme Court addresses regulation of carbon dioxide emissions under the Clean Air Act

April 02, 2007

The Supreme Court ruled 5-4 that the Clean Air Act (CAA) authorizes the EPA to regulate carbon dioxide and other greenhouse gas (GHG) emissions from new motor vehicles.

U.S. Chamber intervenes in Clean Air Act regulation case

October 24, 2006

NCLC and other members a coalition of industry associations intervened in support of EPA’s position that Congress did not delegate to the EPA the authority to regulate greenhouse gases. Even if it had, the EPA properly exercised its discretion not to regulate the gases. As an intervenor, NCLC pointed out that neither the structure of the statute nor recent decisions of Congress support such a global regulatory program.

Cert. petition filed 3/2/06. Cert. granted 6/26/06. Intervenors' brief filed 10/24/06. Oral argument held 11/29/06. Decided 4/2/07.

Case Documents