LA Weekly

This is big: The Supreme Court has agreed to take on the long-simmering question of whether the Environmental Protection Agency must regulate carbon dioxide as a pollutant under the Clean Air Act. Naturally, the American Petroleum Institute thinks the EPA has no such authority, but 12 states, including California, along with several cities and environmental groups contend that it does.

The argument dates back to 1999, when an environmental coalition asked the EPA to make a rule limiting greenhouse gas emissions from cars and trucks; when the agency refused after a four-year wait, the state of Massachusetts and the enviros took it to court. The EPA has won several sharply split decisions in various courts, most recently last summer, when the D.C. Circuit Court of Appeals looked at Commonwealth of Massachusetts v. EPA and ruled 2-1 in favor of the administration.

Could this have consequences for California's own embattled, but rigorously reasonable, greenhouse gas law? The legislation authored by Assemblywoman Fran Pavley would require a 30 percent reduction in greenhouse gas emissions from cars and trucks by 2016.

The case hits the high court at an excellent time: Public awareness of the realities of climate change has never been higher. But that doesn't mean the public will win.

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