by Leslie Wollack

The U.S. Supreme Court heard arguments last week in its first case dealing with the complicated issue of climate change. The case, Massachusetts vs. Environmental Protection Agency, centers on whether the federal government must regulate vehicle emissions of greenhouse gases under the Clean Air Act. A decision is expected by next July and would impact whether states can regulate auto emissions.

The case was brought by a coalition of 12 states, led by California and Massachusetts, three cities and several environmental groups, which are challenging the Bush administration?s policy on federal regulation of greenhouse gases. New York City, Washington, D.C., and Baltimore joined the states of California, Massachusetts, Connecticut, Illinois, Maine, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington and several environmental groups in bringing the case.

EPA maintains that the Clean Air Act does not give the agency authority to regulate carbon dioxide as a way to control greenhouse gas emissions linked to global warming. The states contend that the 1970 law makes clear that carbon dioxide is a pollutant much like lead and smog-causing chemicals subject to regulation because its poses a threat to public health. A divided federal appeals court ruled in favor of the federal government last year. But last June, the Supreme Court decided to take up the case, plunging for the first time into the politically charged debate over global warming.

The states argue mandatory controls by manufacturing plants and automobile makers would reduce the carbon dioxide emissions. Lawyers for the states call the threat of global warming ?the most pressing environmental problem of our time.?

Before a decision is handed down, however, a new Democratic majority in the House and Senate is expected to begin hearings on measures to reduce greenhouse gases soon after the 110th Congress convenes in January.

In other EPA news, the agency announced the completion of the 1,000th site under Superfund, the federal government program that cleans up abandoned hazardous waste sites.

?The Superfund program has accomplished a great deal over its 25-year-history,? stated Susan Bodine, EPA?s assistant administrator for the Office of Solid Waste and Emergency Response. ?Today, we celebrate Superfund?s progress and impacts on environmental practices, economic vitality, and the good that comes when communities are meaningfully involved in cleanup decisions.?

Today, at 95 percent of all Superfund sites listed by the agency, construction is complete or construction is in progress. Five hundred fifty sites are ready to be or have already been returned to communities for productive uses.

Superfund was created in 1980 when Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act to clean up the nation?s uncontrolled hazardous waste sites. Under the Superfund program, abandoned, accidentally spilled, or illegally dumped hazardous wastes that pose a current or future threat to human health or the environment are cleaned up. EPA works closely with communities, potentially responsible parties, scientists, researchers, contractors, and state, local, tribal, and federal authorities on site cleanup.

Together with these groups, EPA identifies hazardous waste sites, tests the conditions of the sites, develops cleanup plans and cleans up the sites.