The fight to climate change from Massachusetts v. EPA (2007) until now. A model for comparative law from the American federal system?
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Abstract
Massachusetts v. EPA is the leading case in US environmental law. Released by the Supreme Court in 2007, it was decided by a narrow majority of 5 to 4 votes. The Court decided that EPA, the federal agency for environment, has the duty to provide a comprehensive regulation for the whole country about the use of greenhouse gases. The article also analyses the federalist dimension of environmental law in USA, with a special focus on the legislation of California and its relation with the federal one, and the “reciprocityµ clause of art. 115 of the Climate Air Act.
Keywords
- EPA
- cambiamento climatico
- federalismo
- California
- reciprocità
