April 2, 2007 Supreme Court Acknowledges Climate Change WASHINGTON, DC — The Supreme Court acknowledged today in Massachusetts v. EPA that the consequences of climate change are "serious and well recognized" and that the U.S. Environmental Protection Agency's arguments for not setting enforceable standards for greenhouse gas emissions from new automobiles were unreasonable. The American Planning Association (APA), the national association representing more than 41,000 planners, is pleased with the decision. "Planners will increasingly be left to solve problems caused by global warming, but have little authority to regulate carbon emissions," said Jason Jordan, APA Policy Director. "The decision reaffirms the necessity of EPA's role in dealing with the problem and supports planning efforts to reduce vehicle emissions by encouraging community developments that favor mass transit, and to protect communities from the side effects of climate change such as the increasing frequency and intensity of natural disasters." The majority of the Court in the 5-4 decision acknowledges that the "EPA has been charged with protecting the public's 'health' and 'welfare,'" and must take responsibility for regulating greenhouse gases under the Clean Air Act or provide sound reasons for not doing so. The American Planning Association, along with the U.S. Conference of Mayors, the National Association of Counties, the International Municipal Lawyers Association, and several cities, filed an amicus brief in support of the state of Massachusetts. The brief, written by Timothy Dowling of the Community Rights Counsel, references APA's energy and sustainable community policy guides that encourage local communities to plan for development that reduces greenhouse gas impacts and urge federal action to better regulate emissions.
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