No Time Like the Present: The Eighteenth Century Judicial Power Meets the Twenty-first Century Problem in Massachusetts v. EPA

Jamison E. Colburn, Western New England College, School of Law

Abstract

In this short commentary, I consider the nature of our judicial power and the Court's standing doctrine in light of the oral argument in Massachusetts et al. v. EPA. My critique is that the Court has invented any number of ways to find that the rule of law can play no role in our climate change debates.