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United States Supreme Court Case

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The issues on climate change that had been presented by the plaintiff would require a delicate balancing of the environment, foreign, economic policies and the interests of the national security. This, the court argued that would be better handled by the political branch of the government rather than the judicial3, arguing further that ruling on such a matter would be tantamount to the court abrogating the role of the Congress to set legislations and standards for hearing such a case.The Supreme Court in 2007 ruled over the Massachusetts v. EPA, 549 U., 497 that the standards for the green house gas emissions are to be set by the Environmental Protection Agency (EPA). EPA had offered no explanation as to why they failed to oblige to their duties. Various rule-making activities by EPA were commenced targeting green house gas emissions. The court ruling was since reversed by a second circuit jury that included the then Judge of Sotomayor in 21st of September 2009 that the nuisance claims stated by the plaintiff were court held the fact that the Clean Air Act gives authority to the regulation of the green house gas emissions and carbon dioxide. The court also argued that the Environmental Protection Agency had misinterpreted the Act by denying the rulemaking decision that was seeking the control of the emissions from the newly manufactured motor vehicles. This instilled the commencement of a ruling under section 111 of the Act, 42 U. Section 7411, that seeks to set limits on the emission of green house gases from the new, existing and modified plants powered by fossil fuel. The lawsuit began way before the Environment Protection Agency commenced efforts that aimed at the regulation of green house gas emissions.The political question policy used by the district court in New York to dismiss the plaintiff and claimed that a well established case in relation to the public nuisance and the tort case law. This implied that the Clean Air Act in this context did not displace the federal common law. A certiorari was granted by the United States Supreme court on December 6, 2010. Among the issues that the Supreme court settled on included the relevant standing that the plaintiff had to sue the electric power companies by seeking the reduction of green house gas emissions, whether the claims by the plaintiff constitute political questions that are better left for the executive or legislative arms
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preview essay on United States Supreme Court Case
  • Pages: 7 (1750 words)
  • Document Type: Term Paper
  • Subject: Law
  • Level: College
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