[JURIST] The US Supreme Court [official website; JURIST news archive] said Monday that it would consider whether the Clean Air Act [text] requires the US Environmental Protection Agency [official website] to regulate "greenhouse gas" emissions from automobiles. The court granted certiorari in Massachusetts v. EPA [docket], an appeal [JURIST report; NET press release] by 12 states, three cities and several environmental groups, arguing that the EPA erred in concluding that Congress did not give the agency the authority to regulate carbon dioxide emissions linked to global warming. The US Court of Appeals for the DC Circuit [official website] denied a request to review the case in August, in a 4-3 decision, and earlier it ruled [opinion, PDF] 2-1 that the US government does not have to regulate carbon dioxide emissions from cars and trucks. Reuters has more.
The court also granted certiorari in these cases:
- Bell Atlantic Corp. v. Twombly [docket], in which the US Court of Appeals for the Second Circuit [official website] held [opinion, PDF; Tech Law Journal report] that a heightened pleading requirement does not apply to a class-action antitrust lawsuit against major telephone companies, making it easier for such claims to proceed. Reuters has more.
- KSR International Co. v. Teleflex Inc. [docket], in which the Court of Appeals for the Federal Circuit [official website] ruled [opinion, PDF; NAPP backgrounder] that a lower court had applied an inappropriate standard for obviousness to a patent-infringement claim. The Supreme Court could use the case to clarify the "non-obvious" requirement for patents. Reuters has more.
- Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co. [docket], where the Court will consider an appeal of a decision [PDF text] from the US Court of Appeals for the Ninth Circuit concerning the applicability of Section 2 [text] of the Sherman Act to the practice of buying goods at higher prices to put them out of a competitors' reach, also known as "predatory buying."
- Ledbetter v. Goodyear Tire & Rubber Co. [docket], where the Court will consider an appeal of a decision [PDF text] of the US Court of Appeals for the Eleventh Circuit concerning the calculation of unequal pay decisions by employers in connection to lawsuits brought under Title VII of the 1964 Civil Rights Act [text; EEOC backgrounder].