Special Solicitude for State Standing: Massachusetts v. EPA

Abstract

This articles explores the new special solicitude rule for states' standing when suing federal agencies, as set forth by the Supreme Court in its recent landmark decision on global warming and the regulation of greenhouse gases. It also discusses the implications of the Court's new distinction, from the same opinion, between agency discretion in rulemaking and agency discretion in enforcement, for purposes of judicial review and levels of judicial deference.

Keywords: special solicitude, standing, attorneys general, federalism, Chevron, greenhouse, global warming, knightian, uncertainty, Justice Stevens, regulation, discretion, administrative agencies

JEL Classification: K23, K32, K41, D72, D73, D46, D80, H73, H77, H11