Abstract:
This Article begins, in Part I, with an overview of the
emergence of scientific and legal consensus (or near consensus)
on the core mechanism underlying climate change and the need
for regulatory action. Next, Part II provides historical
background on the Supreme Court’s development and
application of standing doctrine, illustrating the unique difficulty
of reconciling environmental cases with narrow conceptions of
jurisdiction. In Part III, this Article discusses the majority
opinion in Massachusetts and the dissent by Chief Justice
Roberts on standing grounds. Part IV demonstrates the
significance of Massachusetts’ embrace of a standing theory
based on interconnection in environmental systems, arguing that
the analysis should apply equally to public and private plaintiffs
in environmental cases. Further, Part V demonstrates the role
of scientific consensus in driving the standing analysis and
highlights the impact of this acceptance on lower court cases and
the potential impact in other areas of environmental regulation.
This part concludes by explaining the Court’s broader
recognition of U.S. regulation in a global context as a step
toward a greater incorporation of global concerns in U.S.
environmental litigation.