by Cass Sunstein

Just out: The Supreme Court has ruled against the Bush administration in the climate change case. It is too soon to know whether this is a major development in terms of climate change, but it is a remarkable outcome in terms of the law. The plaintiffs faced several serious obstacles: It was not clear that they had standing, it was not (entirely) clear that EPA's decision was reviewable under the ordinary standards, and it was not clear that the EPA's decision was inconsistent with the Clean Air Act. I am writing this before reading the opinion, but the outcome was not easily predictable, and it's a big deal.