New York, California, and 10 other states have joined forces with Greenpeace and other advocacy groups in arguing that the federal Clean Air Act gives the EPA the authority to regulate any air pollutant–including carbon dioxide–that may hurt public health or welfare.
While EPA officials have acknowledged the risks of global warming, they maintain that their agency does not regulate greenhouse gas emissions because Congress has not granted it such authority under the Clean Air Act.
Meanwhile, the court will also hear arguments from 10 other states, most notably Michigan where the automakers are headquartered, who say the EPA should stay out of the carbon dioxide regulation business, citing concerns about increased regulation leading to higher prices for automo?iles.
According to analysts watching the case, a decision from the court either turning the regulation of greenhouse gases over to the EPA or ruling in favor of the status quo could take several months.
Reporting by Roddy Schee