Those looking for a clearer picture of the Supreme Court's views on environmental issues will have to wait for rulings on two key air pollution cases. Hints from the court's Nov. 29 oral argument on one Clean Air Act case indicated the justices remain split along conservative-liberal lines, with Associate Justice Anthony M. Kennedy the pivotal vote. A decision is expected by the end of the court's term next summer.
The case, Massachusetts v. Environmental Protection Agency, centers on a 2003 EPA determination that the Clean Air Act did not give it authority to regulate vehicles' emissions of carbon dioxide and other greenhouse gases. Massachusetts disagrees. Last year, a federal appeals court ruled in EPA's favor, prompting the state to appeal to the Supreme Court.