Groups, States file opening 
brief in global warming case

WASHINGTON (08/31/06) -- A wide array of states, cities, and various public health and environmental organizations have filed an opening brief in one of the biggest clean air cases ever to come before the Supreme Court. The states and groups are asking the Court to require that the Environmental Protection Agency reconsider its refusal to limit harmful greenhouse gases from cars and other motor vehicles, which are contributing to global warming. 

"Congress gave EPA its marching orders in the Clean Air Act, which requires EPA to protect us against dangers to 'climate' and 'weather,'" said Earthjustice attorney Howard Fox. "By ducking its clear duty to take on the premier environmental issue of our time, EPA disrespects both the law and the people it is supposed to be serving."

Fox and a Massachusetts assistant attorney general argued this case in the U.S. Court of Appeals for the District of Columbia Circuit in 2005. Following that court's adverse ruling, Fox assisted Lisa Heinzerling and other co-counsel in preparing the current Supreme Court brief. Earthjustice's client in the case is Sierra Club.

The Supreme Court case in which the brief is being filed is Commonwealth of Massachusetts v. USEPA, S. Ct. No. 05-1120. Petitioners include Massachusetts; California; Connecticut; Illinois; Maine; New Jersey; New Mexico; New York; Oregon; Rhode Island; Vermont; Washington; the District of Columbia; American Samoa, New York City; Baltimore; the Center for Biological Diversity; Center for Food Safety; Conservation Law Foundation; Environmental Advocates; Environmental Defense; Friends of the Earth; Greenpeace; International Center for Technology Assessment; national Environmental Trust; Natural Resources Defense Council; Sierra Club; Union of Concerned Scientists; U.S. Public Interest Research Group.

The brief is available online.