The Commonwealth of Massachusetts sued the Environmental Protection Agency (EPA) for failing to properly enforce the Clean Air Act. The Commonwealth argued that the EPA’s failure to strictly regulate greenhouse gases was causing a direct injury to its environment and citizenry. The EPA moved to dismiss the case based on the Commonwealth’s lack of standing since they had not alleged an injury, causation, and redressability. The EPA argued that the injury of greenhouse gases was too tenuous to claim as a direct injury. The Commonwealth countered that it has an interest in its land and coastline and that injury may be shown through erosion of the coastal property as water rises.

CASE QUESTIONS

1. Does a state have standing to sue a federal agency?

2. Is the erosion of a coastline an “injury” in the same context as injuries suffered in other types of cases (such as negligence or breach of contract)?